PUBLIC LAW 104–204—SEPT. 26, 1996

DEPARTMENTS OF VETERANS AFFAIRS AND

HOUSING AND URBAN DEVELOPMENT, AND

INDEPENDENT AGENCIES APPROPRIATIONS

ACT, 1997
110 STAT. 2874 PUBLIC LAW 104–204—SEPT. 26, 1996

Public Law 104–204

104th Congress

An Act

Making appropriations for the Departments of Veterans Affairs and Housing and

Urban Development, and for sundry independent agencies, boards, commissions,

corporations, and offices for the fiscal year ending September 30, 1997, and

for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the Departments of Veterans Affairs

and Housing and Urban Development, and for sundry independent

agencies, boards, commissions, corporations, and offices for the fiscal

year ending September 30, 1997, and for other purposes, namely:

TITLE I

DEPARTMENT OF VETERANS AFFAIRS

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFERS OF FUNDS)

For the payment of compensation benefits to or on behalf of

veterans as authorized by law (38 U.S.C. 107, chapters 11, 13,

51, 53, 55, and 61); pension benefits to or on behalf of veterans

as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 61;

92 Stat. 2508); and burial benefits, emergency and other officers’

retirement pay, adjusted-service credits and certificates, payment

of premiums due on commercial life insurance policies guaranteed

under the provisions of Article IV of the Soldiers’ and Sailors’

Civil Relief Act of 1940, as amended, and for other benefits as

authorized by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters

23, 51, 53, 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122,

123; 45 Stat. 735; 76 Stat. 1198); $18,671,259,000, to remain available until expended: Provided, That not to exceed $26,417,000 of

the amount appropriated shall be reimbursed to ‘‘General operating

expenses’’ and ‘‘Medical care’’ for necessary expenses in implementing those provisions authorized in the Omnibus Budget Reconciliation Act of 1990, and in the Veterans’ Benefits Act of 1992 (38

U.S.C. chapters 51, 53, and 55), the funding source for which

is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such sums as may be earned on

an actual qualifying patient basis, shall be reimbursed to ‘‘Medical

facilities revolving fund’’ to augment the funding of individual

Departments of

Veterans Affairs

and Housing and

Urban

Development,

and Independent

Agencies

Appropriations

Act, 1997.

Sept. 26, 1996

[H.R. 3666]
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2875

medical facilities for nursing home care provided to pensioners

as authorized by the Veterans’ Benefits Act of 1992 (38 U.S.C.

chapter 55).

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits

to or on behalf of veterans as authorized by 38 U.S.C. chapters

21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61, $1,377,000,000,

to remain available until expended: Provided, That funds shall

be available to pay any court order, court award or any compromise

settlement arising from litigation involving the vocational training

program authorized by section 18 of Public Law 98–77, as amended.

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,

and veterans mortgage life insurance as authorized by 38 U.S.C.

chapter 19; 70 Stat. 887; 72 Stat. 487, $38,970,000, to remain

available until expended.

GUARANTY AND INDEMNITY PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct and guaranteed loans, such sums as

may be necessary to carry out the program, as authorized by 38

U.S.C. chapter 37, as amended: Provided, That such costs, including

the cost of modifying such loans, shall be as defined in section

502 of the Congressional Budget Act of 1974, as amended.

In addition, for administrative expenses to carry out the direct

and guaranteed loan programs, $105,226,000, which may be transferred to and merged with the appropriation for ‘‘General operating

expenses’’.

LOAN GUARANTY PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct and guaranteed loans, such sums as

may be necessary to carry out the program, as authorized by 38

U.S.C. chapter 37, as amended: Provided, That such costs, including

the cost of modifying such loans, shall be as defined in section

502 of the Congressional Budget Act of 1974, as amended.

In addition, for administrative expenses to carry out the direct

and guaranteed loan programs, $33,810,000, which may be transferred to and merged with the appropriation for ‘‘General operating

expenses’’.

DIRECT LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, such sums as may be necessary

to carry out the program, as authorized by 38 U.S.C. chapter

37, as amended: Provided, That such costs, including the cost of

modifying such loans, shall be as defined in section 502 of the

Congressional Budget Act of 1974, as amended: Provided further,
110 STAT. 2876 PUBLIC LAW 104–204—SEPT. 26, 1996

That during 1997, within the resources available, not to exceed

$300,000 in gross obligations for direct loans are authorized for

specially adapted housing loans.

In addition, for administrative expenses to carry out the direct

loan program, $80,000, which may be transferred to and merged

with the appropriation for ‘‘General operating expenses’’.

EDUCATION LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $1,000, as authorized by 38 U.S.C.

3698, as amended: Provided, That such costs, including the cost

of modifying such loans, shall be as defined in section 502 of

the Congressional Budget Act of 1974, as amended: Provided

further, That these funds are available to subsidize gross obligations

for the principal amount of direct loans not to exceed $3,000.

In addition, for administrative expenses necessary to carry

out the direct loan program, $195,000, which may be transferred

to and merged with the appropriation for ‘‘General operating

expenses’’.

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $49,000, as authorized by 38

U.S.C. chapter 31, as amended: Provided, That such costs, including

the cost of modifying such loans, shall be as defined in section

502 of the Congressional Budget Act of 1974, as amended: Provided

further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $2,822,000.

In addition, for administrative expenses necessary to carry out the direct loan program, $377,000, which may be transferred

to and merged with the appropriation for ‘‘General operating

expenses’’.

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by 38 U.S.C. chapter 37, subchapter V, as

amended, $205,000, which may be transferred to and merged with

the appropriation for ‘‘General operating expenses’’.

VETERANS HEALTH ADMINISTRATION

MEDICAL CARE

For necessary expenses for the maintenance and operation of

hospitals, nursing homes, and domiciliary facilities; for furnishing,

as authorized by law, inpatient and outpatient care and treatment

to beneficiaries of the Department of Veterans Affairs, including

care and treatment in facilities not under the jurisdiction of the

Department; and furnishing recreational facilities, supplies, and

equipment; funeral, burial, and other expenses incidental thereto

for beneficiaries receiving care in the Department; administrative

expenses in support of planning, design, project management, real
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2877

property acquisition and disposition, construction and renovation

of any facility under the jurisdiction or for the use of the Department; oversight, engineering and architectural activities not charged

to project cost; repairing, altering, improving or providing facilities

in the several hospitals and homes under the jurisdiction of the

Department, not otherwise provided for, either by contract or by

the hire of temporary employees and purchase of materials; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–

5902; aid to State homes as authorized by 38 U.S.C. 1741; and

not to exceed $8,000,000 to fund cost comparison studies as referred

to in 38 U.S.C. 8110(a)(5); $17,008,447,000, plus reimbursements:

Provided, That of the funds made available under this heading,

$700,000,000 is for the equipment and land and structures object

classifications only, which amount shall not become available for

obligation until August 1, 1997, and shall remain available until

September 30, 1998.

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical

and prosthetic research and development as authorized by 38 U.S.C.

chapter 73, to remain available until September 30, 1998,

$262,000,000, plus reimbursements.

MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING

EXPENSES

For necessary expenses in the administration of medical, hospital, nursing home, domiciliary, construction, supply, and research

activities, as authorized by law; administrative expenses in support

of planning, design, project management, architectural, engineering,

real property acquisition and disposition, construction and renovation of any facility under the jurisdiction or for the use of the

Department of Veterans Affairs, including site acquisition; engineering and architectural activities not charged to project cost; and

research and development in building construction technology;

$61,207,000, plus reimbursements.

TRANSITIONAL HOUSING LOAN PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $7,000, as authorized by Public

Law 102–54, section 8, which shall be transferred from the ‘‘General

post fund’’: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That

these funds are available to subsidize gross obligations for the

principal amount of direct loans not to exceed $70,000.

In addition, for administrative expenses to carry out the direct

loan program, $54,000, which shall be transferred from the ‘‘General

post fund’’, as authorized by Public Law 102–54, section 8.
110 STAT. 2878 PUBLIC LAW 104–204—SEPT. 26, 1996

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including uniforms or

allowances therefor; not to exceed $25,000 for official reception

and representation expenses; hire of passenger motor vehicles; and

reimbursement of the General Services Administration for security

guard services, and the Department of Defense for the cost of

overseas employee mail; $827,584,000: Provided, That during fiscal

year 1997, notwithstanding any other provision of law, the number

of individuals employed by the Department of Veterans Affairs

(1) in other than ‘‘career appointee’’ positions in the Senior Executive Service shall not exceed 6, and (2) in schedule C positions

shall not exceed 11: Provided further, That funds under this heading

shall be available to administer the Service Members Occupational

Conversion and Training Act.

NATIONAL CEMETERY SYSTEM

For necessary expenses for the maintenance and operation of

the National Cemetery System, not otherwise provided for,

including uniforms or allowances therefor; cemeterial expenses as

authorized by law; purchase of two passenger motor vehicles for

use in cemeterial operations; and hire of passenger motor vehicles,

$76,864,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$30,900,000.

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the

facilities under the jurisdiction or for the use of the Department

of Veterans Affairs, or for any of the purposes set forth in sections

316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122

of title 38, United States Code, including planning, architectural

and engineering services, maintenance or guarantee period services

costs associated with equipment guarantees provided under the

project, services of claims analysts, offsite utility and storm drainage

system construction costs, and site acquisition, where the estimated

cost of a project is $3,000,000 or more or where funds for a project

were made available in a previous major project appropriation,

$250,858,000, of which $32,100,000 shall be for the replacement

hospital at Travis Air Force Base, Fairfield, California, and shall

not be released for obligation prior to January 1, 1998, unless

action is taken by the Congress specifically making such funds

available, and all funds appropriated under the above heading

are to remain available until expended: Provided, That except for

advance planning of projects funded through the advance planning

fund and the design of projects funded through the design fund,

none of these funds shall be used for any project which has not

been considered and approved by the Congress in the budgetary

process: Provided further, That funds provided in this appropriation
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2879

for fiscal year 1997, for each approved project shall be obligated

(1) by the awarding of a construction documents contract by September 30, 1997, and (2) by the awarding of a construction contract

by September 30, 1998: Provided further, That the Secretary shall

promptly report in writing to the Comptroller General and to the

Committees on Appropriations any approved major construction

project in which obligations are not incurred within the time limitations established above; and the Comptroller General shall review

the report in accordance with the procedures established by section

1015 of the Impoundment Control Act of 1974 (title X of Public

Law 93–344): Provided further, That no funds from any other

account except the ‘‘Parking revolving fund’’, may be obligated for

constructing, altering, extending, or improving a project which was

approved in the budget process and funded in this account until

one year after substantial completion and beneficial occupancy by

the Department of Veterans Affairs of the project or any part

thereof with respect to that part only.

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of

the facilities under the jurisdiction or for the use of the Department

of Veterans Affairs, including planning, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services

of claims analysts, offsite utility and storm drainage system

construction costs, and site acquisition, or for any of the purposes

set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109,

8110, and 8122 of title 38, United States Code, where the estimated

cost of a project is less than $3,000,000; $175,000,000, to remain

available until expended, along with unobligated balances of previous ‘‘Construction, minor projects’’ appropriations which are

hereby made available for any project where the estimated cost

is less than $3,000,000: Provided, That funds in this account shall

be available for (1) repairs to any of the nonmedical facilities

under the jurisdiction or for the use of the Department which

are necessary because of loss or damage caused by any natural

disaster or catastrophe, and (2) temporary measures necessary to

prevent or to minimize further loss by such causes.

PARKING REVOLVING FUND

For the parking revolving fund as authorized by 38 U.S.C.

8109, $12,300,000, together with income from fees collected, to

remain available until expended, which shall be available for all

authorized expenses except operations and maintenance costs,

which will be funded from ‘‘Medical care’’.

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing

home and domiciliary facilities and to remodel, modify or alter

existing hospital, nursing home and domiciliary facilities in State

homes, for furnishing care to veterans as authorized by 38 U.S.C.

8131–8137, $47,397,000, to remain available until expended.

Reports.
110 STAT. 2880 PUBLIC LAW 104–204—SEPT. 26, 1996

GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding, or improving State veteran cemeteries as authorized by 38 U.S.C. 2408,

$1,000,000, to remain available until expended.

FRANCHISE FUND

(INCLUDING TRANSFER OF FUNDS)

There is hereby established in the Treasury a franchise fund

pilot, as authorized by section 403 of Public Law 103–356, to be

available as provided in such section for expenses and equipment

necessary for the maintenance and operation of such administrative

services as the Secretary determines may be performed more advantageously as central services: Provided, That any inventories, equipment and other assets pertaining to the services to be provided

by the franchise fund, either on hand or on order, less the related

liabilities or unpaid obligations, and any appropriations made hereafter for the purpose of providing capital, shall be used to capitalize

the franchise fund: Provided further, That the franchise fund may

be paid in advance from funds available to the Department and

other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation,

including accrued leave, depreciation of fund plant and equipment,

amortization of automated data processing (ADP) software and

systems (either acquired or donated), and an amount necessary

to maintain a reasonable operating reserve, as determined by the

Secretary: Provided further, That the franchise fund shall provide

services on a competitive basis: Provided further, That an amount

not to exceed four percent of the total annual income to such

fund may be retained in the fund for fiscal year 1997 and each

fiscal year thereafter, to remain available until expended, to be

used for the acquisition of capital equipment and for the improvement and implementation of Departmental financial management,

ADP, and other support systems: Provided further, That no later

than thirty days after the end of each fiscal year amounts in

excess of this reserve limitation shall be transferred to the Treasury:

Provided further, That such franchise fund pilot shall terminate

pursuant to section 403(f) of Public Law 103–356.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. Any appropriation for 1997 for ‘‘Compensation and

pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and

indemnities’’ may be transferred to any other of the mentioned

appropriations.

SEC. 102. Appropriations available to the Department of Veterans Affairs for 1997 for salaries and expenses shall be available

for services authorized by 5 U.S.C. 3109.

SEC. 103. No appropriations in this Act for the Department

of Veterans Affairs (except the appropriations for ‘‘Construction,

major projects’’, ‘‘Construction, minor projects’’, and the ‘‘Parking

revolving fund’’) shall be available for the purchase of any site

for or toward the construction of any new hospital or home.

31 USC 501 note.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2881

SEC. 104. No appropriations in this Act for the Department

of Veterans Affairs shall be available for hospitalization or examination of any persons (except beneficiaries entitled under the laws

bestowing such benefits to veterans, and persons receiving such

treatment under 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204),

unless reimbursement of cost is made to the ‘‘Medical care’’ account

at such rates as may be fixed by the Secretary of Veterans Affairs.

SEC. 105. Appropriations available to the Department of Veterans Affairs for fiscal year 1997 for ‘‘Compensation and pensions’’,

‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’

shall be available for payment of prior year accrued obligations

required to be recorded by law against the corresponding prior

year accounts within the last quarter of fiscal year 1996.

SEC. 106. Appropriations accounts available to the Department

of Veterans Affairs for fiscal year 1997 shall be available to pay

prior year obligations of corresponding prior year appropriations

accounts resulting from title X of the Competitive Equality Banking

Act, Public Law 100–86, except that if such obligations are from

trust fund accounts they shall be payable from ‘‘Compensation

and pensions’’.

SEC. 107. Notwithstanding any other provision of law, during

fiscal year 1997, the Secretary of Veterans Affairs shall, from the

National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United

States Government Life Insurance Fund (38 U.S.C. 1955), reimburse

the ‘‘General operating expenses’’ account for the cost of administration of the insurance programs financed through those accounts:

Provided, That reimbursement shall be made only from the surplus

earnings accumulated in an insurance program in fiscal year 1997,

that are available for dividends in that program after claims have

been paid and actuarially determined reserves have been set aside:

Provided further, That if the cost of administration of an insurance

program exceeds the amount of surplus earnings accumulated in

that program, reimbursement shall be made only to the extent

of such surplus earnings: Provided further, That the Secretary

shall determine the cost of administration for fiscal year 1997,

which is properly allocable to the provision of each insurance program and to the provision of any total disability income insurance

included in such insurance program.

SEC. 108. (a) The Secretary of Veterans Affairs may convey,

without consideration, to the City of Tuscaloosa, Alabama (in this

section referred to as the ‘‘City’’), all right, title, and interest of

the United States in and to a parcel of real property, including

any improvements thereon, in the northwest quarter of section

28, township 21 south, range 9 west, of Tuscaloosa

County, Alabama, comprising a portion of the grounds of the Department of Veterans Affairs medical center, Tuscaloosa, Alabama, and

consisting of approximately 9.42 acres, more or less.

(b) The conveyance under subsection (a) shall be subject to

the condition that the City use the real property conveyed under

that subsection in perpetuity solely for public park or recreational

purposes.

(c) The exact acreage and legal description of the real property

to be conveyed pursuant to this section shall be determined by

a survey satisfactory to the Secretary of Veterans Affairs. The

cost of such survey shall be borne by the City.
110 STAT. 2882 PUBLIC LAW 104–204—SEPT. 26, 1996

(d) The Secretary of Veterans Affairs may require such additional terms and conditions in connection with the conveyance under

this section as the Secretary considers appropriate to protect the

interests of the United States.

TITLE II

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

HOUSING PROGRAMS

DEVELOPMENT OF ADDITIONAL NEW SUBSIDIZED HOUSING

For assistance for the purchase, construction, acquisition, or

development of additional public and subsidized housing units for

low income families under the United States Housing Act of 1937,

as amended, (‘‘the Act’’ herein) (42 U.S.C. 1437), not otherwise

provided for, $1,039,000,000, to remain available until expended:

Provided, That of the total amount provided under this head,

$645,000,000 shall be for capital advances, including amendments

to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and

for project rental assistance, and amendments to contracts for

project rental assistance, for supportive housing for the elderly

under section 202(c)(2) of the Housing Act of 1959; and $194,000,000

shall be for capital advances, including amendments to capital

advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez

National Affordable Housing Act, and for project rental assistance,

and amendments to contracts for project rental assistance, for

supportive housing for persons with disabilities as authorized by

section 811 of the Cranston-Gonzalez National Affordable Housing

Act: Provided further, That the Secretary may designate up to

25 percent of the amounts earmarked under this paragraph for

section 811 of the Cranston-Gonzalez National Affordable Housing

Act for tenant-based assistance, as authorized under that section,

including such authority as may be waived under the next proviso,

which assistance is five years in duration: Provided further, That

the Secretary may waive any provision of section 202 of the Housing

Act of 1959 and section 811 of the National Affordable Housing

Act (including the provisions governing the terms and conditions

of project rental assistance and tenant-based assistance) that the

Secretary determines is not necessary to achieve the objectives

of these programs, or that otherwise impedes the ability to develop,

operate or administer projects assisted under these programs, and

may make provision for alternative conditions or terms where appropriate: Provided further, That of the total amount provided under

this head $200,000,000, shall be for the development or acquisition

cost of public housing for Indian families, including amounts for

housing under the mutual help homeownership opportunity program under section 202 of the Act (42 U.S.C. 1437bb).

PREVENTION OF RESIDENT DISPLACEMENT

For activities and assistance to prevent the involuntary

displacement of low-income families, the elderly and the disabled

because of the loss of affordable housing stock, expiration of subsidy

contracts (other than contracts for which amounts are provided
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2883

under the head ‘‘Preserving Existing Housing Investment’’) or

expiration of use restrictions, or other changes in housing assistance

arrangements, and for other purposes, $4,640,000,000, to remain

available until expended: Provided, That of the total amount pro- vided under this head, $3,600,000,000 shall be for assistance under

the United States Housing Act of 1937 (42 U.S.C. 1437) for use

in connection with expiring or terminating section 8 subsidy contracts: Provided further, That the Secretary may determine not

to apply section 8(o)(6)(B) of the Act to housing vouchers during

fiscal year 1997: Provided further, That of the total amount provided under this head, $850,000,000 shall be for amendments to section

8 contracts other than contracts for projects developed under section

202 of the Housing Act of 1959, as amended: Provided further, That of the total amount provided under this head, $190,000,000

shall be for assistance under the United States Housing Act of

1937 (42 U.S.C. 1437) to relocate residents of properties (i) that

are owned by the Secretary and being disposed of; (ii) that are

discontinuing section 8 project-based assistance; or (iii) subject to

special workout assistance team intervention compliance actions;

for the conversion of section 23 projects to assistance under section

8; for funds to carry out the family unification program; and for

the relocation of witnesses in connection with efforts to combat

crime in public and assisted housing pursuant to a request from

a law enforcement or prosecution agency: Provided further, That

of the total amount made available under this head, $50,000,000

shall be made available to nonelderly disabled families affected

by the designation of a public housing development under section

7 of such Act or the establishment of preferences in accordance

with section 651 of the Housing and Community Development Act

of 1992 (42 U.S.C. 1361l).

PRESERVING EXISTING HOUSING INVESTMENT

For operating, maintaining, revitalizing, rehabilitating, preserving, and protecting existing housing developments for low-income

families, and the elderly, and the disabled, $5,750,000,000, to

remain available until expended: Provided, That of the total amount

made available under this head, $2,900,000,000 shall be available

for payments to public housing agencies and Indian housing authorities for operating subsidies for low-income housing projects as

authorized by section 9 of the United States Housing Act of 1937,

as amended (42 U.S.C. 1437g): Provided further, That of the total

amount made available under this head, $2,500,000,000 shall be

available for modernization of existing public housing projects as

authorized under section 14 of the United States Housing Act

of 1937, as amended (42 U.S.C. 1437l), of which $10,000,000 shall

be for carrying out activities under section 6(j) of the United States

Housing Act of 1937 and technical assistance for the inspection

of public housing units, contract expertise, and training and technical assistance directly or indirectly, under grants, contracts, or

cooperative agreements, to assist in the oversight and management

of public and Indian housing (whether or not the housing is being

modernized with assistance under this proviso) or tenant-based

assistance, including, but not limited to, an annual resident survey,

data collection and analysis, training and technical assistance by

or to officials and employees of the department and of public housing

agencies and to residents in connection with the public and Indian

housing program: Provided further, That of the total amount pro- 12 USC 4101

note.
110 STAT. 2884 PUBLIC LAW 104–204—SEPT. 26, 1996

vided under this head, $350,000,000 shall be available for use

in conjunction with properties that are eligible for assistance under

the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (LIHPRHA) or the Emergency Low Income Housing

Preservation Act of 1987 (ELIHPA), of which $75,000,000 shall

be available for obligation until March 1, 1997 for projects (1)

that are subject to a repayment or settlement agreement that

was executed between the owner and the Secretary prior to September 1, 1995; (2) whose submissions were delayed as a result of

their location in areas that were designated as a Federal disaster

area in a Presidential Disaster Declaration; or (3) whose processing

was, in fact or in practical effect, suspended, deferred, or interrupted

for a period of twelve months or more because of differing

interpretations, by the Secretary and an owner or by the Secretary

and a State or local rent regulatory agency, concerning the timing

of filing eligibility or the effect of a presumptively applicable State

or local rent control law or regulation on the determination of

preservation value under section 213 of LIHPRHA, as amended,

if the owner of such project filed notice of intent to extend the

low-income affordability restrictions of the housing, or transfer to

a qualified purchaser who would extend such restrictions, on or

before November 1, 1993; and of which, up to $100,000,000 may

be used for rental assistance to prevent displacement of families

residing in projects whose owners prepay their mortgages; and

the balance of which shall be available from the effective date

of this Act for sales to preferred priority purchasers: Provided

further, That with the exception of projects described in clauses

(1), (2), or (3) of the preceding proviso, the Secretary shall, notwithstanding any other provision of law, suspend further processing

of preservation applications which have not heretofore received

approval of a plan of action: Provided further, That $150,000,000

of amounts recaptured from interest reduction payment contracts

for section 236 projects whose owners prepay their mortgages during

fiscal year 1997 shall be rescinded: Provided further, That an owner

of eligible low-income housing may prepay the mortgage or request

voluntary termination of a mortgage insurance contract, so long

as said owner agrees not to raise rents for sixty days after such

prepayment: Provided further, That such developments have been

determined to have preservation equity at least equal to the lesser

of $5,000 per unit or $500,000 per project or the equivalent of

eight times the most recently published monthly fair market rent

for the area in which the project is located as the appropriate

unit size for all of the units in the eligible project: Provided further,

That the Secretary may modify the regulatory agreement to permit

owners and priority purchasers to retain rental income in excess

of the basic rental charge in projects assisted under section 236

of the National Housing Act, for the purpose of preserving the

low- and moderate-income character of the housing: Provided further, That eligible low-income housing shall include properties meeting the requirements of this paragraph with mortgages that are

held by a State agency as a result of a sale by the Secretary

without insurance, which immediately before the sale would have

been eligible low-income housing under LIHPRHA: Provided further,

That notwithstanding any other provision of law, subject to the

availability of appropriated funds, each low-income family, and

moderate-income family who is elderly or disabled or is residing

in a low-vacancy area, residing in the housing on the date of
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2885

prepayment or voluntary termination, and whose rent, as a result

of a rent increase occurring no later than one year after the date

of the prepayment, exceeds 30 percent of adjusted income, shall

be offered tenant-based assistance in accordance with section 8

or any successor program, under which the family shall pay no

less for rent than it paid on such date: Provided further, That

any family receiving tenant-based assistance under the preceding

proviso may elect (1) to remain in the unit of the housing and

if the rent exceeds the fair market rent or payment standard,

as applicable, the rent shall be deemed to be the applicable standard, so long as the administering public housing agency finds that

the rent is reasonable in comparison with rents charged for comparable unassisted housing units in the market or (2) to move

from the housing and the rent will be subject to the fair market

rent of the payment standard, as applicable, under existing program

rules and procedures: Provided further, That the tenant-based

assistance made available under the preceding two provisos are

in lieu of benefits provided in subsections 223(b), (c), and (d) of

the Low-Income Housing Preservation and Resident Homeownership Act of 1990: Provided further, That any sales shall be funded

using the capital grant available under section 220(d)(3)(A) of

LIHPRHA: Provided further, That any extensions shall be funded

using a non-interest-bearing capital (direct) loan by the Secretary

not in excess of the amount of the cost of rehabilitation approved

in the plan of action plus 65 percent of the property’s preservation

equity and under such other terms and conditions as the Secretary

may prescribe: Provided further, That any capital grant shall be

limited to seven times, and any capital loan limited to six times,

the annual fair market rent for the project, as determined

using the fair market rent for fiscal year 1997 for the area in

which the project is located, using the appropriate apartment sizes

and mix in the eligible project, except where, upon the request

of a priority purchaser, the Secretary determines that a greater

amount is necessary and appropriate to preserve low-income housing: Provided further, That section 241(f) of the National Housing

Act is repealed and insurance under such section shall not be

offered as an incentive under LIHPRHA and ELIHPA: Provided

further, That up to $10,000,000 of the amount of $350,000,000

made available by a preceding proviso in this paragraph may be

used at the discretion of the Secretary to reimburse owners of

eligible properties for which plans of action were submitted prior

to the effective date of this Act, but were not executed for lack

of available funds, with such reimbursement available only for

documented costs directly applicable to the preparation of the plan

of action as determined by the Secretary, and shall be made available on terms and conditions to be established by the Secretary:

Provided further, That, notwithstanding any other provision of law,

a priority purchaser may utilize assistance under the HOME Investment Partnerships Act or the Low Income Housing Tax Credit:

Provided further, That projects with approved plans of action which

exceed the limitations on eligibility for funding imposed by this

Act may submit revised plans of action which conform to these

limitations by March 1, 1997, and retain the priority for funding

otherwise applicable from the original date of approval of their

plan of action, subject to securing any additional necessary funding

commitments by August 1, 1997.

12 USC 1715z–6.
110 STAT. 2886 PUBLIC LAW 104–204—SEPT. 26, 1996

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING

For grants to public housing agencies for assisting in the

demolition of obsolete public housing projects or portions thereof,

the revitalization (where appropriate) of sites (including remaining

public housing units) on which such projects are located, replacement housing which will avoid or lessen concentrations of very

low-income families, and tenant-based assistance in accordance with

section 8 of the United States Housing Act of 1937; and for providing

replacement housing and assisting tenants to be displaced by the

demolition, $550,000,000, to remain available until expended, of

which the Secretary may use up to $2,500,000 for technical assistance, to be provided directly or indirectly by grants, contracts

or cooperative agreements, including training and cost of necessary

travel for participants in such training, by or to officials and

employees of the Department and of public housing agencies and

to residents: Provided, That no funds appropriated in this title

shall be used for any purpose that is not provided for herein,

in the Housing Act of 1937, in the Appropriations Acts for Veterans

Affairs, Housing and Urban Development, and Independent Agencies, for the fiscal years 1993, 1994, and 1995, and the Omnibus

Consolidated Rescissions and Appropriations Act of 1996: Provided

further, That none of such funds shall be used directly or indirectly

by granting competitive advantage in awards to settle litigation

or pay judgments, unless expressly permitted herein: Provided

further, That, notwithstanding any other provision of law, the funds

made available to the Housing Authority of New Orleans under

HOPE VI for purposes of Desire Homes, shall not be obligated

or expended for on-site construction until an independent third

party has determined whether the site is appropriate.

DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

(INCLUDING TRANSFER OF FUNDS)

For grants to public and Indian housing agencies for use in

eliminating crime in public housing projects authorized by 42 U.S.C.

11901–11908, for grants for federally assisted low-income housing

authorized by 42 U.S.C. 11909, and for drug information clearinghouse services authorized by 42 U.S.C. 11921–11925, $290,000,000,

to remain available until expended, $10,000,000 of which shall

be for grants, technical assistance, contracts and other assistance

training, program assessment, and execution for or on behalf of

public housing agencies and resident organizations (including the

cost of necessary travel for participants in such training), $5,000,000

of which shall be used in connection with efforts to combat violent

crime in public and assisted housing under the Operation Safe

Home Program administered by the Inspector General of the

Department of Housing and Urban Development, and $5,000,000

of which shall be provided to the Office of Inspector General for

Operation Safe Home: Provided, That the term ‘‘drug-related crime’’,

as defined in 42 U.S.C. 11905(2), shall also include other types

of crime as determined by the Secretary: Provided further, That

notwithstanding section 5130(c) of the Anti-Drug Abuse Act of 1988

(42 U.S.C. 11909(c)), the Secretary may determine not to use any

such funds to provide public housing youth sports grants.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2887

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by section

184 of the Housing and Community Development Act of 1992 (106

Stat. 3739), $3,000,000: Provided, That such costs, including the

costs of modifying such loans, shall be as defined in section 502

of the Congressional Budget Act of 1974, as amended: Provided

further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed

$36,900,000.

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANTS FUND

(INCLUDING TRANSFER OF FUNDS)

For grants to States and units of general local government

and for related expenses, not otherwise provided for, to carry out

a community development grants program as authorized by title

I of the Housing and Community Development Act of 1974, as

amended (the ‘‘Act’’ herein) (42 U.S.C. 5301), $4,600,000,000, to

remain available until September 30, 1999, of which $67,000,000

shall be for grants to Indian tribes notwithstanding section 106(a)(1)

of the Act: Provided, That $2,100,000 shall be available as a grant to the Housing Assistance Council, $1,500,000 shall be available

as a grant to the National American Indian Housing Council, and

$49,000,000 shall be available for grants pursuant to section 107

of such Act, including up to $14,000,000 for the development and

operation of a management information system: Provided further, That not to exceed 20 percent of any grant made with funds

appropriated herein (other than a grant made available under the

preceding proviso to the Housing Assistance Council or the National

American Indian Housing Council, or a grant using funds under

section 107(b)(3) of the Housing and Community Development Act

of 1974, as amended) shall be expended for ‘‘Planning and Management Development’’ and ‘‘Administration’’ as defined in regulations

promulgated by the Department: Provided further, That for fiscal

year 1997 and thereafter, section 105(a)(25) of such Act, shall

continue to be effective and the termination and conforming provisions of section 907(b)(2) of the Cranston-Gonzalez National Affordable Housing Act shall not be effective: Provided further, That

section 916(f) of the Cranston-Gonzalez National Affordable Housing

Act is repealed.

Of the amount provided under this heading, the Secretary

of Housing and Urban Development may use up to $60,000,000

for grants to public housing agencies (including Indian housing

authorities), nonprofit corporations, and other appropriate entities

for a supportive services program to assist residents of public and

assisted housing, former residents of such housing receiving tenantbased assistance under section 8 of such Act (42 U.S.C. 1437f),

and other low-income families and individuals to become self-sufficient: Provided, That the program shall provide supportive services,

principally for the benefit of public housing residents, to the elderly

and the disabled, and to families with children where the head

of household would benefit from the receipt of supportive services

and is working, seeking work, or is preparing for work by participating in job training or educational programs: Provided further, That

42 USC 5306

note.

42 USC 5305

note.
110 STAT. 2888 PUBLIC LAW 104–204—SEPT. 26, 1996

the supportive services may include congregate services for the

elderly and disabled, service coordinators, and coordinated educational, training, and other supportive services, including academic

skills training, job search assistance, assistance related to retaining

employment, vocational and entrepreneurship development and support programs, transportation, and child care: Provided further,

That the Secretary shall require applications to demonstrate firm

commitments of funding or services from other sources: Provided

further, That the Secretary shall select public and Indian housing

agencies to receive assistance under this head on a competitive

basis, taking into account the quality of the proposed program

(including any innovative approaches, the extent of the proposed

coordination of supportive services, the extent of commitments of

funding or services from other sources, the extent to which the

proposed program includes reasonably achievable, quantifiable goals

for measuring performance under the program over a three-year

period, the extent of success an agency has had in carrying out

other comparable initiatives, and other appropriate criteria established by the Secretary): Provided further, That from the foregoing

$60,000,000, up to $5,000,000 shall be available for the Tenant

Opportunity Program, and up to $5,000,000 shall be available for

the Moving to Work Demonstration for public housing families.

Of the amount made available under this heading, notwithstanding any other provision of law, $20,000,000 shall be available

for grants to entities managing or operating public housing developments, federally-assisted multifamily-housing developments, or

other multifamily-housing developments for low-income families

supported by non-Federal governmental entities or similar housing

developments supported by nonprofit private sources, to reimburse

local law enforcement entities for additional police presence in

and around such housing developments; to provide or augment

such security services by other entities or employees of the recipient

agency; to assist in the investigation and/or prosecution of drug

related criminal activity in and around such developments; and

to provide assistance for the development of capital improvements

at such developments directly relating to the security of such developments: Provided, That such grants shall be made on a competitive

basis as specified in section 102 of the HUD Reform Act.

Of the amount made available under this heading, notwithstanding any other provision of law, $30,000,000 shall be available

for youthbuild program activities authorized by subtitle D of title

IV of the Cranston-Gonzalez National Affordable Housing Act, as

amended, and such activities shall be an eligible activity with

respect to any funds made available under this heading.

Of the amount made available under this heading, notwithstanding any other provision of law, $60,000,000 shall be available

for the lead-based paint hazard reduction program as authorized

under sections 1011 and 1053 of the Residential Lead-Based Hazard

Reduction Act of 1992.

For the cost of guaranteed loans, $31,750,000, as authorized

by section 108 of the Housing and Community Development Act

of 1974: Provided, That such costs, including the cost of modifying

such loans, shall be as defined in section 502 of the Congressional

Budget Act of 1974, as amended: Provided further, That these

funds are available to subsidize total loan principal, any part of

which is to be guaranteed, not to exceed $1,500,000,000, notwithstanding any aggregate limitation on outstanding obligations
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2889

garanteed in section 108(k) of the Housing and Community Development Act of 1974. In addition, for administrative expenses to carry

out the guaranteed loan program, $675,000 which shall be transferred to and merged with the appropriation for departmental salaries and expenses.

HOME INVESTMENT PARTNERSHIPS PROGRAM

For the HOME investment partnerships program, as authorized

under title II of the Cranston-Gonzalez National Affordable Housing

Act (Public Law 101–625), as amended, $1,400,000,000, to remain

available until expended: Provided, That $21,000,000 shall be available for grants to Indian Tribes: Provided further, That up to 0.5 percent, but not less than $7,000,000, shall be available for

the development and operation of a management information

system: Provided further, That $15,000,000 shall be available for

Housing Counseling under section 106 of the Housing and Urban

Development Act of 1968.

HOMELESS ASSISTANCE FUNDS

For the emergency shelter grants program (as authorized under

subtitle B of title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100–77), as amended); the supportive housing

program (as authorized under subtitle C of title IV of such Act);

the section 8 moderate rehabilitation single room occupancy program (as authorized under the United States Housing Act of 1937,

as amended) to assist homeless individuals pursuant to section

441 of the Stewart B. McKinney Homeless Assistance Act; and

the shelter plus care program (as authorized under subtitle F of

title IV of such Act), $823,000,000, to remain available until

expended.

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

(INCLUDING TRANSFER OF FUNDS)

For carrying out the Housing Opportunities for Persons with

AIDS program, as authorized by the AIDS Housing Opportunity

Act (42 U.S.C. 12901), $171,000,000, to remain available until

expended: Provided, That any amounts previously appropriated for

such program, and any related assets and liabilities, in the ‘‘Annual

contributions for assisted housing’’ account, shall be transferred

to and merged with amounts in this account.

FEDERAL HOUSING ADMINISTRATION

FHA—MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

During fiscal year 1997, commitments to guarantee loans to

carry out the purposes of section 203(b) of the National Housing

Act, as amended, shall not exceed a loan principal of

$110,000,000,000: Provided, That during fiscal year 1997, the Secretary shall sell assigned mortgage notes having an unpaid principal

balance of up to $2,000,000,000, which notes were originally insured

under section 203(b) of the National Housing Act: Provided further,

That the Secretary may use the amount of any negative subsidy
110 STAT. 2890 PUBLIC LAW 104–204—SEPT. 26, 1996

resulting from the sale of such assigned mortgage notes during

fiscal year 1997 for the purposes included under this heading.

During fiscal year 1997, obligations to make direct loans to

carry out the purposes of section 204(g) of the National Housing

Act, as amended, shall not exceed $200,000,000: Provided, That

the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under section

203 of such Act.

For administrative expenses necessary to carry out the guaranteed and direct loan program, $350,595,000, to be derived from

the FHA-mutual mortgage insurance guaranteed loans receipt

account, of which not to exceed $343,483,000 shall be transferred

to the appropriation for departmental salaries and expenses; and

of which not to exceed $7,112,000 shall be transferred to the appropriation for the Office of Inspector General.

FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of guaranteed loans, as authorized by sections

238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and

1735c), including the cost of loan guarantee modifications (as that

term is defined in section 502 of the Congressional Budget Act

of 1974, as amended) $85,000,000, to remain available until

expended: Provided, That these funds are available to subsidize

total loan principal, any part of which is to be guaranteed, of

up to $17,400,000,000: Provided further, That during fiscal year

1997, the Secretary shall sell assigned notes having an unpaid

principal balance of up to $2,500,000,000, which notes are held

by the Secretary under the General Insurance and Special Risk

Insurance funds: Provided further, That any amounts made available in any prior appropriations Act for the cost (as such term

is defined in section 502 of the Congressional Budget Act of 1974)

of guaranteed loans that are obligations of the funds established

under section 238 or 519 of the National Housing Act that have

not been obligated or that are deobligated shall be available to

the Secretary of Housing and Urban Development in connection

with the making of such guarantees and shall remain available

until expended, notwithstanding the expiration of any period of

availability otherwise applicable to such amounts.

Gross obligations for the principal amount of direct loans, as

authorized by sections 204(g), 207(l), 238(a), and 519(a) of the

National Housing Act, shall not exceed $120,000,000; of which

not to exceed $100,000,000 shall be for bridge financing in connection with the sale of multifamily real properties owned by the

Secretary and formerly insured under such Act; and of which not

to exceed $20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real

properties owned by the Secretary and formerly insured under

such Act.

In addition, for administrative expenses necessary to carry

out the guaranteed and direct loan programs, $207,470,000, of

which $203,299,000 shall be transferred to the appropriation for

departmental salaries and expenses; and of which $4,171,000 shall
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2891

be transferred to the appropriation for the Office of Inspector

General.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

During fiscal year 1997, new commitments to issue guarantees

to carry out the purposes of section 306 of the National Housing

Act, as amended (12 U.S.C. 1721(g)), shall not exceed

$110,000,000,000.

For administrative expenses necessary to carry out the guaranteed mortgage-backed securities program, $9,383,000, to be derived

from the GNMA-guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $9,383,000 shall

be transferred to the appropriation for departmental salaries and

expenses.

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of

research and studies relating to housing and urban problems, not

otherwise provided for, as authorized by title V of the Housing

and Urban Development Act of 1970, as amended (12 U.S.C. 1701z–

1 et seq.), including carrying out the functions of the Secretary

under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

$34,000,000, to remain available until September 30, 1998.

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of

1968, as amended by the Fair Housing Amendments Act of 1988,

and section 561 of the Housing and Community Development Act

of 1987, as amended, $30,000,000, to remain available until September 30, 1998, of which $15,000,000 shall be to carry out activities

pursuant to section 561. No funds made available under this heading shall be used to lobby the executive or legislative branches

of the Federal Government in connection with a specific contract,

grant or loan.

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary administrative and non-administrative expenses

of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $7,000 for official reception and representation expenses, $976,840,000, of which
110 STAT. 2892 PUBLIC LAW 104–204—SEPT. 26, 1996

$15,000,000 may be used for additional retraining, relocation,

permanent change of station, and other activities related to

downsizing only upon submission of a detailed and specific, multiyear downsizing plan to the Committees on Appropriations of the

House of Representatives and the Senate, and of which

$546,782,000 shall be provided from the various funds of the Federal

Housing Administration, $9,383,000 shall be provided from funds

of the Government National Mortgage Association, and $675,000

shall be provided from the Community Development Grants Program account.

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $52,850,000, of which $11,283,000 shall be provided

from the various funds of the Federal Housing Administration

and $5,000,000 shall be transfered from the amount earmarked

for Operation Safe Home in the Drug elimination grants for low

income housing account.

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For carrying out the Federal Housing Enterprise Financial

Safety and Soundness Act of 1992, $15,500,000, to remain available

until expended, from the Federal Housing Enterprise Oversight

Fund: Provided, That such amounts shall be collected by the Director as authorized by section 1316 (a) and (b) of such Act, and

deposited in the Fund under section 1316(f) of such Act.

ADMINISTRATIVE PROVISIONS

SEC. 201. EXTENDERS.—(a) PUBLIC HOUSING FUNDING FLEXIBILITY.—Section 201(a)(2) of the Departments of Veterans Affairs

and Housing and Urban Development, and Independent Agencies

Appropriations Act, 1996 is amended by striking ‘‘1996’’ and inserting ‘‘1997’’.

(b) ONE-FOR-ONE REPLACEMENT OF PUBLIC AND INDIAN

HOUSING.—Section 1002(d) of Public Law 104–19 is amended by

striking ‘‘before September 30, 1996’’ and inserting ‘‘on or before

September 30, 1997’’.

(c) PUBLIC AND ASSISTED HOUSING RENTS, INCOME ADJUSTMENTS, AND PREFERENCES.—(1)(A) Section 402(a) of The Balanced

Budget Downpayment Act, I is amended—

(i) by striking ‘‘effective for fiscal year 1996 and no later

than October 30, 1995’’ and inserting ‘‘and subsection (f) of

this section, effective for fiscal year 1997’’;

(ii) in paragraphs (1), (2), and (4), by striking ‘‘not less

than $25, and may require a minimum monthly rent of’’; and

(iii) in paragraph (3), by striking ‘‘not less than $25 for

the unit, and may require a minimum monthly rent of’’.

Ante, p. 1321– (B) Section 230 of Public Law 104–134 is hereby repealed.

292.

Ante, p. 40.

42 USC 1437c

note.

Ante, p. 1321–

277.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2893

(2) Section 402(f) of The Balanced Budget Downpayment Act,

I is amended by striking ‘‘fiscal year 1996’’ and inserting ‘‘fiscal

years 1996 and 1997’’.

(d) APPLICABILITY TO IHAS.—In accordance with section

201(b)(2) of the United States Housing Act of 1937, the amendments

made by subsections (a), (b), and (c) shall apply to public housing

developed or operated pursuant to a contract between the Secretary

of Housing and Urban Development and an Indian housing

authority.

(e) STREAMLINING SECTION 8 TENANT-BASED ASSISTANCE.—Section 203(d) of the Departments of Veterans Affairs and Housing

and Urban Development, and Independent Agencies Appropriations

Act, 1996 is amended by striking ‘‘fiscal year 1996’’ and inserting

‘‘fiscal years 1996 and 1997’’.

(f) SECTION 8 FAIR MARKET RENTALS AND DELAY IN REISSUANCE.—(1) The first sentence of section 403(a) of the Balanced

Budget Downpayment Act, I, is amended by striking ‘‘1996’’ and

inserting ‘‘1997’’.

(2) Section 403(c) of such Act is amended—

(A) by striking ‘‘fiscal year 1996’’ and inserting ‘‘fiscal years

1996 and 1997’’; and

(B) by inserting before the semicolon the following: ‘‘for

assistance made available during fiscal year 1996 and October

1, 1997 for assistance made available during fiscal year 1997’’.

(g) SECTION 8 RENT ADJUSTMENTS.—Section 8(c)(2)(A) of the

United States Housing Act of 1937 is amended—

(1) in the third sentence by inserting ‘‘, fiscal year 1996

prior to April 26, 1996, and fiscal year 1997’’ after ‘‘1995’’;

(2) in the fourth sentence, by striking ‘‘For’’ and inserting

‘‘Except for assistance under the certificate program, for’’;

(3) after the fourth sentence, by inserting the following

new sentence: ‘‘In the case of assistance under the certificate

program, 0.01 shall be subtracted from the amount of the

annual adjustment factor (except that the factor shall not be

reduced to less than 1.0), and the adjusted rent shall not

exceed the rent for a comparable unassisted unit of similar

quality, type, and age in the market area.’’; and

(4) in the last sentence, by—

(A) striking ‘‘sentence’’ and inserting ‘‘two

sentences’’; and

(B) inserting ‘‘, fiscal year 1996 prior to April 26,

1996, and fiscal year 1997’’ after ‘‘1995’’.

SEC. 202. ADMINISTRATIVE FEES.—Notwithstanding section 8(q)

of the United States Housing Act of 1937, as amended—

(a) The Secretary shall establish fees for the cost of administering the certificate, voucher and moderate rehabilitation programs.

(1)(A) For fiscal year 1997, the fee for each month for

which a dwelling unit is covered by an assistance contract

shall be 7.5 percent of the base amount, adjusted as provided

herein, in the case of an agency that, on an annual basis,

is administering a program of no more than 600 units, and

7 percent of the base amount, adjusted as provided herein,

for each additional unit above 600.

(B) The base amount shall be the higher of—

(i) the fair market rental for fiscal year 1993 for a

2-bedroom existing rental dwelling unit in the market area

of the agency; and

42 USC 1437f

note.

42 USC 1437f.

Ante, p. 43.

Ante, p. 1321–

281.

Ante, p. 43.
110 STAT. 2894 PUBLIC LAW 104–204—SEPT. 26, 1996

(ii) such fair market rental for fiscal year 1994, but

not more than 103.5 percent of the amount determined

under clause (i).

(C) The base amount shall be adjusted to reflect changes

in the wage data or other objectively measurable data that

reflect the costs of administering the program during fiscal

year 1996; except that the Secretary may require that the

base amount be not less than a minimum amount and not

more than a maximum amount.

(2) For subsequent fiscal years, the Secretary shall publish

a notice in the Federal Register, for each geographic area,

establishing the amount of the fee that would apply for the

agencies administering the program, based on changes in wage

data or other objectively measurable data that reflect the cost

of administering the program, as determined by the Secretary.

(3) The Secretary may increase the fee if necessary to

reflect higher costs of administering small programs and programs operating over large geographic areas.

(4) The Secretary may decrease the fee for PHA-owned

units.

(b) Beginning in fiscal year 1997 and thereafter, the Secretary

shall also establish reasonable fees (as determined by the Secretary)

for—

(1) the costs of preliminary expenses, in the amount of

$500, for a public housing agency, but only in the first year

it administers a tenant-based assistance program under the

United States Housing Act of 1937 and only if, immediately

before the effective date of this Act, it was not administering

a tenant-based assistance program under the 1937 Act

(as in effect immediately before the effective date of this Act),

in connection with its initial increment of assistance received;

(2) the costs incurred in assisting families who experience

difficulty (as determined by the Secretary) in obtaining appropriate housing under the program; and

(3) extraordinary costs approved by the Secretary.

SEC. 203. SINGLE FAMILY ASSIGNMENT PROGRAM.—Section

407(c) of the Balanced Budget Downpayment Act, I (12 U.S.C.

1710 note), is amended by striking ‘‘October 1, 1996’’ and inserting

‘‘October 1, 1997’’.

SEC. 204. FLEXIBLE AUTHORITY.—During fiscal year 1997 and

fiscal years thereafter, the Secretary may manage and dispose

of multifamily properties owned by the Secretary and multifamily

mortgages held by the Secretary on such terms and conditions

as the Secretary may determine, notwithstanding any other provision of law.

SEC. 205. USE OF AVAILABLE FUNDING FOR HOMEOWNERSHIP.—

Up to $20,000,000 of amounts of unobligated balances that are

or become available from the Nehemiah Housing Opportunity Grant

program, repealed under section 289(b) of the Cranston-Gonzalez

National Affordable Housing Act, Public Law 101–625, shall be

available for use for activities relating to promotion and

implementation of homeownership in targeted geographic areas,

as determined by the Secretary. Any grant or assistance made

under this section shall be made in accordance with section 102

of the Department of Housing and Urban Development Reform

Act of 1989 on a competitive basis.

12 USC 1715z–

11a.

Ante, p. 46.

Federal Register,

publication.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2895

SEC. 206. DEBT FORGIVENESS.—The Secretary of Housing and

Urban Development shall cancel the indebtedness of the Greene

County Rural Health Center relating to a loan received under

the Public Facility Loan program to establish the health center

(Loan #Mis–22–PFL0096). The Greene County Rural Health Center

is hereby relieved of all liability to the Federal Government for

such loan and any fees and charges payable in connection with

such loan.

SEC. 207. FLEXIBLE SUBSIDY FUND.—From the fund established

by section 236(g) of the National Housing Act, as amended, all

uncommitted balances of excess rental charges as of September

30, 1996, and any collection during fiscal year 1997, shall be transferred, as authorized under such section, to the fund authorized

under section 201(j) of the Housing and Community Development

Amendments of 1978, as amended.

SEC. 208. RENTAL HOUSING ASSISTANCE.—The limitation otherwise applicable to the maximum payments that may be required

in any fiscal year by all contracts entered into under section 236

of the National Housing Act (12 U.S.C. 1715z–1) is reduced in

fiscal year 1997 by not more than $2,000,000 in uncommitted balances of authorizations provided for this purpose in appropriations

Acts.

SEC. 209. D.C. MODERNIZATION FUNDING.—Notwithstanding the

provisions of section 14(k)(5)(D) of the United States Housing Act

of 1937, the withheld modernization funds that became credited

in fiscal years 1993, 1994, and 1995, due to the troubled status

of the former Department of Public and Assisted Housing of the

District of Columbia, shall be made available without diminution

to its successor, the District of Columbia Housing Authority, at

such time between the effective date of this Act and the end of

fiscal year 1998 as the District of Columbia Housing Authority

is no longer deemed ‘‘mod-troubled’’ under section 6(j)(2)(A)(i) of

such Act; after fiscal year 1998, the District of Columbia Housing

Authority shall become subject to the provisions of section

14(k)(5)(D) of such Act should it remain mod-troubled.

SEC. 210. (a) FINANCING ADJUSTMENT FACTORS.—Fifty per centum of the amounts of budget authority, or in lieu thereof

50 per centum of the cash amounts associated with such budget

authority, that are recaptured from projects described in section

1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100–628, 102 Stat. 3224, 3268)

shall be rescinded, or in the case of cash, shall be remitted to

the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used

by State housing finance agencies or local governments or local

housing agencies with projects approved by the Secretary of Housing

and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section.

(b) In addition to amounts otherwise provided by this Act,

$464,442 is appropriated to the Department of Housing and Urban

Development for payment to the Utah Housing Finance Agency,

in lieu of amounts lost to such agency in bond refinancings during

1994, for its use in accordance with subsection (a).

SEC. 211. SECTION 8 CONTRACT RENEWAL AUTHORITY.—(a)

DEFINITIONS.—For purposes of this section—

42 USC 1437f

note.
110 STAT. 2896 PUBLIC LAW 104–204—SEPT. 26, 1996

(1) the term ‘‘expiring contract’’ means a contract for

project-based assistance under section 8 of the United States

Housing Act of 1937 that expires during fiscal year 1997;

(2) the term ‘‘family’’ has the same meaning as in section

3(b) of the United States Housing Act of 1937;

(3) the term ‘‘multifamily housing project’’ means a property

consisting of more than 4 dwelling units that is covered in

whole or in part by a contract for project-based assistance

under section 8 of the United States Housing Act of 1937;

(4) the term ‘‘owner’’ has the same meaning as in section

8(f) of the United States Housing Act of 1937;

(5) the term ‘‘project-based assistance’’ means rental assistance under section 8 of the United States Housing Act of

1937 that is attached to a multifamily housing project;

(6) the term ‘‘public agency’’ means a State housing finance

agency, a local housing agency, or other agency with a public

purpose and status;

(7) the term ‘‘Secretary’’ means the Secretary of Housing

and Urban Development; and

(8) the term ‘‘tenant-based assistance’’ has the same meaning as in section 8(f) of the United States Housing Act of

1937.

(b) SECTION 8 CONTRACT RENEWAL AUTHORITY.—

(1) IN GENERAL.—Notwithstanding section 405(a) of the

Balanced Budget Downpayment Act, I, upon the request of

the owner of a multifamily housing project that is covered

by an expiring contract, the Secretary shall use amounts made

available for the renewal of assistance under section 8 of the

United States Housing Act of 1937 to renew the expiring contract as project-based assistance for a period of not more than

one year, at rent levels that are equal to those under the

expiring contract as of the date on which the contract expires:

Provided, That those rent levels do not exceed 120 percent

of the fair market rent for the market area in which the

project is located. For an FHA-insured multifamily housing

project with an expiring contract at rent levels that exceed

120 percent of the fair market rent for the market area, the

Secretary shall provide, at the request of the owner, section

8 project-based assistance, for a period of not more than one

year, at rent levels that do not exceed 120 percent of the

fair market rent.

(2) EXEMPTION FOR STATE AND LOCAL HOUSING AGENCY

PROJECTS.—Notwithstanding paragraph (1), upon the expiration

of a contract with rent levels that exceed the percentage

described in that paragraph, if the Secretary determines that

the primary financing or mortgage insurance for the multifamily housing project that is covered by that expiring contract

was provided by a public agency, the Secretary shall, at the

request of the owner and the public agency, renew the expiring

contract—

(A) for a period of not more than one year; and

(B) at rent levels that are equal to those under the

expiring contract as of the date on which the contract

expires.

(3) SECTION 202, SECTION 811, AND SECTION 515 PROJECTS.—

Notwithstanding paragraph (1), for section 202 projects, section

811 projects and section 515 projects, upon the expiration of
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2897

a section 8 contract, the Secretary shall, at the request of

the owner, renew the expiring contract—

(A) for a period of not more than one year; and

(B) at rent levels that are equal to those under the

expiring contract as of the date on which the contract

expires.

(4) OTHER CONTRACTS.—

(A) PARTICIPATION IN DEMONSTRATION.—For a contract

covering an FHA-insured multifamily housing project that

expires during fiscal year 1997 with rent levels that exceed

the percentage described in paragraph (1) and after notice

to the tenants, the Secretary shall, at the request of the

owner of the project and after notice to the tenants, include

that multifamily housing project in the demonstration program under section 212 of this Act. The Secretary shall

ensure that a multifamily housing project with an expiring

contract in fiscal year 1997 shall be allowed to be included

in the demonstration.

(B) EFFECT OF MATERIAL ADVERSE ACTIONS AND OMISSIONS.—Notwithstanding paragraph (1) or any other provision of law, the Secretary shall not renew an expiring

contract if the Secretary determines that the owner of

the multifamily housing project has engaged in material

adverse financial or managerial actions or omissions with

regard to the project (or with regard to other similar

projects if the Secretary determines that such actions or

omissions constitute a pattern of mismanagement that

would warrant suspension or debarment by the Secretary).

(C) TRANSFER OF PROPERTY.—For properties disqualified from the demonstration program because of actions

by an owner or purchaser in accordance with subparagraph

(B), the Secretary shall establish procedures to facilitate

the voluntary sale or transfer of the property, with a preference for tenant organizations and tenant-endorsed

community-based nonprofit and public agency purchasers

meeting such reasonable qualifications as may be established by the Secretary. The Secretary may include the

transfer of section 8 project-based assistance.

(5) TENANT PROTECTIONS.—Any family residing in an

assisted unit in a multifamily housing project that is covered

by an expiring contract that is not renewed, shall be offered

tenant-based assistance before the date on which the contract

expires or is not renewed.

SEC. 212. FHA MULTIFAMILY DEMONSTRATION AUTHORITY.—

(a) IN GENERAL.—

(1) REPEAL.—

(A) IN GENERAL.—Section 210 of the Departments of

Veterans Affairs and Housing and Urban Development and

Independent Agencies Appropriations Act, 1996 (110 Stat.

1321) is repealed.

(B) EXCEPTION.—Notwithstanding the repeal under

subparagraph (A), amounts made available under section

210(f) the Departments of Veterans Affairs and Housing

and Urban Development and Independent Agencies Appropriations Act, 1996 shall remain available for the demonstration program under this section through the end

of fiscal year 1997.

Ante, p. 1321–

285.

42 USC 1437f

note.
110 STAT. 2898 PUBLIC LAW 104–204—SEPT. 26, 1996

(2) SAVINGS PROVISIONS.—Nothing in this section shall be

construed to affect any commitment entered into before the

date of enactment of this Act under the demonstration program

under section 210 of the Departments of Veterans Affairs and

Housing and Urban Development and Independent Agencies

Appropriations Act, 1996.

(3) DEFINITIONS.—For purposes of this section—

(A) the term ‘‘demonstration program’’ means the program established under subsection (b);

(B) the term ‘‘expiring contract’’ means a contract for

project-based assistance under section 8 of the United

States Housing Act of 1937 that expires during fiscal year

1997;

(C) the term ‘‘family’’ has the same meaning as in

section 3(b) of the United States Housing Act of 1937;

(D) the term ‘‘multifamily housing project’’ means a

property consisting of more than 4 dwelling units that

is covered in whole or in part by a contract for projectbased assistance;

(E) the term ‘‘owner’’ has the same meaning as in

section 8(f) of the United States Housing Act of 1937;

(F) the term ‘‘project-based assistance’’ means rental

assistance under section 8 of the United States Housing

Act of 1937 that is attached to a multifamily housing

project;

(G) the term ‘‘Secretary’’ means the Secretary of Housing and Urban Development; and

(H) the term ‘‘tenant-based assistance’’ has the same

meaning as in section 8(f) of the United States Housing

Act of 1937.

(b) DEMONSTRATION AUTHORITY.—

(1) IN GENERAL.—Subject to the funding limitation in subsection (l), the Secretary shall administer a demonstration program with respect to multifamily projects—

(A) whose owners agree to participate;

(B) with rents on units assisted under section 8 of

the United States Housing Act of 1937 that are, in the

aggregate, in excess of 120 percent of the fair market

rent of the market area in which the project is located;

and

(C) the mortgages of which are insured under the

National Housing Act.

(2) PURPOSE.—The demonstration program shall be

designed to obtain as much information as is feasible on the

economic viability and rehabilitation needs of the multifamily

housing projects in the demonstration, to test various

approaches for restructuring mortgages to reduce the financial

risk to the FHA Insurance Fund while reducing the cost of

section 8 subsidies, and to test the feasibility and desirability

of—

(A) ensuring, to the maximum extent practicable, that

the debt service and operating expenses, including adequate reserves, attributable to such multifamily projects

can be supported at the comparable market rent with or

without mortgage insurance under the National Housing

Act and with or without additional section 8 rental subsidies;
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2899

(B) utilizing section 8 rental assistance, while taking

into account the capital needs of the projects and the need

for adequate rental assistance to support the low- and

very low-income families residing in such projects; and

(C) preserving low-income rental housing affordability

and availability while reducing the long-term cost of section

8 rental assistance.

(c) GOALS.—

(1) IN GENERAL.—The Secretary shall carry out the demonstration program in a manner that will protect the financial

interests of the Federal Government through debt restructuring

and subsidy reduction and, in the least costly fashion, address

the goals of—

(A) maintaining existing affordable housing stock in

a decent, safe, and sanitary condition;

(B) minimizing the involuntary displacement of

tenants;

(C) taking into account housing market conditions;

(D) encouraging responsible ownership and management of property;

(E) minimizing any adverse income tax impact on property owners; and

(F) minimizing any adverse impacts on residential

neighborhoods and local communities.

(2) BALANCE OF COMPETING GOALS.—In determining the

manner in which a mortgage is to be restructured or a subsidy

reduced under this subsection, the Secretary may balance

competing goals relating to individual projects in a manner

that will further the purposes of this section.

(d) PARTICIPATION ARRANGEMENTS.—

(1) IN GENERAL.—In carrying out the demonstration program, the Secretary may enter into participation arrangements

with designees, under which the Secretary may provide for

the assumption by designees (by delegation, by contract, or

otherwise) of some or all of the functions, obligations, responsibilities and benefits of the Secretary.

(2) DESIGNEES.—In entering into any arrangement under

this subsection, the Secretary shall select state housing finance

agencies, housing agencies or nonprofits (separately or in

conjunction with each other) to act as designees to the extent

such agencies are determined to be qualified by the Secretary.

In locations where there is no qualified State housing finance

agency, housing agency or nonprofit to act as a designee, the

Secretary may act as a designee. Each participation arrangement entered into under this subsection shall include a designee

as the primary partner. Any organization selected by the Secretary under this section shall have a long-term record of

service in providing low-income housing and meet standards

of fiscal responsibility, as determined by the Secretary.

(3) DESIGNEE PARTNERSHIPS.—For purposes of any participation arrangement under this subsection, designees are

encouraged to develop partnerships with each other, and to

contract or subcontract with other entities, including—

(A) public housing agencies;

(B) financial institutions;

(C) mortgage servicers;

(D) nonprofit and for-profit housing organizations;
110 STAT. 2900 PUBLIC LAW 104–204—SEPT. 26, 1996

(E) the Federal National Mortgage Association;

(F) the Federal Home Loan Mortgage Corporation;

(G) Federal Home Loan Banks; and

(H) other State or local mortgage insurance companies

or bank lending consortia.

(e) LONG-TERM AFFORDABILITY.—

(1) IN GENERAL.—After the renewal of a section 8 contract

pursuant to a restructuring under this section, the owner shall

accept each offer to renew the section 8 contract, for a period

of 20 years from the date of the renewal under the demonstration, if the offer to renew is on terms and conditions, as agreed

to by the Secretary or designee and the owner under a restructuring.

(2) AFFORDABILITY REQUIREMENTS.—Except as otherwise

provided by the Secretary, in exchange for any mortgage

restructuring under this section, a project shall remain affordable for a period of not less than 20 years. Affordability requirements shall be determined in accordance with guidelines

established by the Secretary or designee. The Secretary or

designee may waive these requirements for good cause.

(f) PROCEDURES.—

(1) NOTICE OF PARTICIPATION IN DEMONSTRATION.—Not

later than 45 days before the date of expiration of an expiring

contract (or such later date, as determined by the Secretary,

for good cause), the owner of the multifamily housing project

covered by that expiring contract shall notify the Secretary

or designee and the residents of the owner’s intent to participate

in the demonstration program.

(2) DEMONSTRATION CONTRACT.—Upon receipt of a notice

under paragraph (1), the owner and the Secretary or designee

shall enter into a demonstration contract, which shall provide

for initial section 8 project-based rents at the same rent levels

as those under the expiring contract or, if practical, the budgetbased rent to cover debt service, reasonable operating expenses

(including reasonable and appropriate services), and a reasonable return to the owner, as determined solely by the Secretary.

The demonstration contract shall be for the minimum term

necessary for the rents and mortgages of the multifamily housing project to be restructured under the demonstration program,

but shall not be for a period of time to exceed 180 days,

unless extended for good cause by the Secretary.

(g) PROJECT-BASED SECTION 8.—The Secretary shall renew all

expiring contracts under the demonstration as section 8 projectbased contracts, for a period of time not to exceed one year, unless

otherwise provided under subsection (h).

(h) DEMONSTRATION ACTIONS.—

(1) DEMONSTRATION ACTIONS.—For purposes of carrying out

the demonstration program, and in order to ensure that contract

rights are not abrogated, subject to such third party consents

as are necessary (if any), including consent by the Government

National Mortgage Association if it owns a mortgage insured

by the Secretary, consent by an issuer under the mortgagebacked securities program of the Association, subject to the

responsibilities of the issuer to its security holders and the

Association under such program, and consent by parties to

any contractual agreement which the Secretary proposes to

modify or discontinue, the Secretary or, except with respect
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2901

to subparagraph (B), designee, subject to the funding limitation

in subsection (l), shall take not less than one of the actions

specified in subparagraphs (G), (H), and (I) and may take

any of the following actions:

(A) REMOVAL OF RESTRICTIONS.—

(i) IN GENERAL.—Consistent with the purposes of

this section, subject to the agreement of the owner

of the project and after consultation with the tenants

of the project, the Secretary or designee may remove,

relinquish, extinguish, modify, or agree to the removal

of any mortgage, regulatory agreement, project-based

assistance contract, use agreement, or restriction that

had been imposed or required by the Secretary, including restrictions on distributions of income which the

Secretary or designee determines would interfere with

the ability of the project to operate without abovemarket rents.

(ii) ACCUMULATED RESIDUAL RECEIPTS.—The Secretary or designee may require an owner of a property

assisted under the section 8 new construction/substantial rehabilitation program under the United States

Housing Act of 1937 to apply any accumulated residual

receipts toward effecting the purposes of this section.

(B) REINSURANCE.—With respect to not more than

5,000 units within the demonstration during fiscal year

1997, the Secretary may enter into contracts to purchase

reinsurance, or enter into participations or otherwise transfer economic interest in contracts of insurance or in the

premiums paid, or due to be paid, on such insurance,

on such terms and conditions as the Secretary may determine. Any contract entered into under this paragraph shall

require that any associated units be maintained as lowincome units for the life of the mortgage, unless waived

by the Secretary for good cause.

(C) PARTICIPATION BY THIRD PARTIES.—The Secretary

or designee may enter into such agreements, provide such

concessions, incur such costs, make such grants (including

grants to cover all or a portion of the rehabilitation costs

for a project) and other payments, and provide other valuable consideration as may reasonably be necessary for

owners, lenders, servicers, third parties, and other entities

to participate in the demonstration program. The Secretary

may establish performance incentives for designees.

(D) SECTION 8 ADMINISTRATIVE FEES.—Notwithstanding

any other provision of law, the Secretary may make fees

available from the section 8 contract renewal appropriation

to a designee for contract administration under section

8 of the United States Housing Act of 1937 for purposes

of any contract restructured or renewed under the demonstration program.

(E) FULL OR PARTIAL PAYMENT OF CLAIM.—Notwithstanding any other provision of law, the Secretary may

make a full payment of claim or partial payment of claim

prior to default.

(F) CREDIT ENHANCEMENT.—

(i) IN GENERAL.—The Secretary or designee may

provide FHA multifamily mortgage insurance, reinsur-
110 STAT. 2902 PUBLIC LAW 104–204—SEPT. 26, 1996

ance, or other credit enhancement alternatives, including retaining the existing FHA mortgage insurance

on a restructured first mortgage at market value or

using the multifamily risk-sharing mortgage programs,

as provided under section 542 of the Housing and

Community Development Act of 1992. Any limitations

on the number of units available for mortgage insurance under section 542 shall not apply to insurance

issued for purposes of the demonstration program.

(ii) MAXIMUM PERCENTAGE.—During fiscal year

1997, not more than 25 percent of the units in multifamily housing projects with expiring contracts in the

demonstration, in the aggregate, may be restructured

without FHA insurance, unless otherwise agreed to

by the owner of a project.

(iii) CREDIT SUBSIDY.—Any credit subsidy costs of

providing mortgage insurance shall be paid from

amounts made available under subsection (l).

(G) MORTGAGE RESTRUCTURING.—

(i) IN GENERAL.—The Secretary or designee may

restructure mortgages to provide a restructured first

mortgage to cover debt service and operating expenses

(including a reasonable rate of return to the owner)

at the market rent, and a second mortgage equal to

the difference between the restructured first mortgage

and the mortgage balance of the eligible multifamily

housing project at the time of restructuring.

(ii) CREDIT SUBSIDY.—Any credit subsidy costs of

providing a second mortgage shall be paid from

amounts made available under subsection (l).

(H) DEBT FORGIVENESS.—The Secretary or designee,

for good cause and at the request of the owner of a multifamily housing project, may forgive at the time of the

restructuring of a mortgage any portion of a debt on the

project that exceeds the market value of the project.

(I) BUDGET-BASED RENTS.—The Secretary or designee

may renew an expiring contract, including a contract for

a project in which operating costs exceed comparable market rents, for a period of not more than one year, at

a budget-based rent that covers debt service, reasonable

operating expenses (including all reasonable and appropriate services), and a reasonable rate of return to the

owner, as determined solely by the Secretary, provided

that the contract does not exceed the rent levels under

the expiring contract. The Secretary may establish a preference under the demonstration program for budget-based

rents for unique housing projects, such as projects designated for occupancy by elderly families and projects in

rural areas.

(J) SECTION 8 TENANT-BASED ASSISTANCE.—For not

more than 10 percent of units in multifamily housing

projects that have had their mortgages restructured in

any fiscal year under the demonstration, the Secretary

or designee may provide, with the agreement of an owner

and in consultation with the tenants of the housing, section

8 tenant-based assistance for some or all of the assisted

units in a multifamily housing project in lieu of section
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2903

8 project-based assistance. Section 8 tenant-based assistance may only be provided where the Secretary determines

and certifies that there is adequate available and affordable

housing within the local area and that tenants will be

able to use the section 8 tenant-based assistance successfully.

(2) OFFER AND ACCEPTANCE.—Notwithstanding any other

provision of law, an owner of a project in the demonstration

must accept any reasonable offer made by the Secretary or

a designee under this subsection. An owner may appeal the

reasonableness of any offer to the Secretary and the Secretary

shall respond within 30 days of the date of appeal with a

final offer. If the final offer is not acceptable, the owner may

opt out of the program.

(i) COMMUNITY AND TENANT INPUT.—In carrying out this section, the Secretary shall develop procedures to provide appropriate

and timely notice, including an opportunity for comment and timely

access to all relevant information, to officials of the unit of general

local government affected, the community in which the project

is situated, and the tenants of the project.

(j) TRANSFER OF PROPERTY.—The Secretary shall establish

procedures to facilitate the voluntary sale or transfer of multifamily

housing projects under the demonstration to tenant organizations

and tenant-endorsed community-based nonprofit and public agency

purchasers meeting such reasonable qualifications as may be established by the Secretary.

(k) LIMITATION ON DEMONSTRATION AUTHORITY.—The Secretary

shall carry out the demonstration program with respect to mortgages not to exceed 50,000 units.

(l) FUNDING.—In addition to the $30,000,000 made available

under section 210 of the Departments of Veterans Affairs and

Housing and Urban Development and Independent Agencies Appropriations Act, 1996 (110 Stat. 1321), for the costs (including any

credit subsidy costs associated with providing direct loans or mortgage insurance) of modifying and restructuring loans held or

guaranteed by the Federal Housing Administration, as authorized

under this section, $10,000,000 is hereby appropriated, to remain

available until September 30, 1998.

(m) REPORT TO CONGRESS.—

(1) IN GENERAL.—

(A) QUARTERLY REPORTS.—Not less than every 3

months, the Secretary shall submit to the Congress a report

describing and assessing the status of the projects in the

demonstration program.

(B) FINAL REPORT.—Not later than 6 months after the

end of the demonstration program, the Secretary shall

submit to the Congress a final report on the demonstration

program.

(2) CONTENTS.—Each report submitted under paragraph

(1)(A) shall include a description of—

(A) each restructuring proposal submitted by an owner

of a multifamily housing project, including a description

of the physical, financial, tenancy, and market characteristics of the project;

(B) the Secretary’s evaluation and reasons for each

multifamily housing project selected or rejected for participation in the demonstration program;
110 STAT. 2904 PUBLIC LAW 104–204—SEPT. 26, 1996

(C) the costs to the FHA General Insurance and Special

Risk Insurance funds;

(D) the subsidy costs provided before and after

restructuring;

(E) the actions undertaken in the demonstration program, including the third-party arrangements made; and

(F) the demonstration program’s impact on the owners

of the projects, including any tax consequences.

(3) CONTENTS OF FINAL REPORT.—The report submitted

under paragraph (1)(B) shall include—

(A) the required contents under paragraph (2); and

(B) any findings and recommendations for legislative

action.

SEC. 213. HAWAIIAN HOME LANDS.—Section 282 of the

Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.

12832) is amended by adding at the end the following new sentence:

‘‘The Secretary may waive this section in connection with the use

of funds made available under this title on lands set aside under

the Hawaiian Homes Commission Act, 1920 (42 Stat. 108).’’.

SEC. 214. USES OF CERTAIN ASSISTED HOUSING AMOUNTS.—

(a) TRANSFER AUTHORITY.—The Secretary may transfer recaptured

section 8 amounts from the Annual Contributions for Assisted Housing account under Public Law 104–134 (approved April 26, 1996;

110 Stat. 1321, 1321–265) and prior laws to the accounts and

for the purposes set forth in subsection (b). The amounts transferred

under this section shall be made available for use as prescribed

under this section notwithstanding section 8(bb) of the United

States Housing Act of 1937.

(b) RECEIVING ACCOUNTS.—

(1) PREVENTION OF RESIDENT DISPLACEMENT.—The Secretary may transfer to the Prevention of Resident Displacement

account an amount up to $50,000,000, in addition to amounts

in such account, that may be used to extend, under existing

terms and conditions, existing project-based section 8 contracts

in effect before a Plan of Action was approved, so that these

contracts expire 5 years from the date on which funds were

obligated for the Plan of Action approved under the Low-Income

Housing Preservation and Resident Homeownership Act of 1990

or the Emergency Low Income Housing Preservation Act of

1987. The Secretary shall transfer all amounts that the Secretary determines to be necessary for fiscal year 1997 for the

purposes of this paragraph before transferring any amounts

under any other paragraph in this subsection.

(2) HOPWA.—The Secretary may transfer to the Housing

Opportunities for Persons with AIDS account up to $25,000,000,

for use in addition to amounts appropriated in such account.

SEC. 215. REQUIREMENT FOR HUD TO MAINTAIN PUBLIC NOTICE

AND COMMENT RULEMAKING.—The Secretary of Housing and Urban

Development shall maintain all current requirements under part

10 of the Department of Housing and Urban Development’s

regulations (24 CFR part 10) with respect to the Department’s

policies and procedures for the promulgation and issuance of rules,

including the use of public participation in the rulemaking process.

SEC. 216. COMMUNITY DEVELOPMENT BLOCK GRANTS.—Section

102(a)(6)(D) of the Housing and Community Development Act of

1974 (42 U.S.C. 5302(a)(6)(D)) is amended—

(1) in clause (iv), by striking ‘‘or’’ at the end;
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2905

(2) in clause (v), by striking the period at the end and

inserting ‘‘; or’’; and

(3) by adding at the end the following new clause:

‘‘(vi) has entered into a local cooperation agreement

with a metropolitan city that received assistance under

section 106 because of such classification, and has elected

under paragraph (4) to have its population included with

the population of the county for the purposes of qualifying

as an urban county, except that to qualify as an urban

county under this clause, the county must—

‘‘(I) have a combined population of not less than

210,000, excluding any metropolitan city located in

the county that is not relinquishing its metropolitan

city classification, according to the 1990 decennial

census of the Bureau of the Census of the Department

of Commerce;

‘‘(II) including any metropolitan cities located in

the county, have had a decrease in population of 10,061

from 1992 to 1994, according to the estimates of the

Bureau of the Census of the Department of Commerce;

and

‘‘(III) have had a Federal naval installation that

was more than 100 years old closed by action of the

Base Closure and Realignment Commission appointed

for 1993 under the Base Closure and Realignment

Act of 1990, directly resulting in a loss of employment

by more than 7,000 Federal Government civilian

employees and more than 15,000 active duty military

personnel, which naval installation was located within

one mile of an enterprise community designated by

the Secretary pursuant to section 1391 of the Internal

Revenue Code of 1986, which enterprise community

has a population of not less than 20,000, according

to the 1990 decennial census of the Bureau of the

Census of the Department of Commerce.’’.

SEC. 217. FAIR HOUSING AND FREE SPEECH.—None of the

amounts made available under this Act may be used during fiscal

year 1997 to investigate or prosecute under the Fair Housing Act

any otherwise lawful activity engaged in by one or more persons,

including the filing or maintaining of a nonfrivolous legal action,

that is engaged in solely for the purpose of achieving or preventing

action by a government official or entity, or a court of competent

jurisdiction.

SEC. 218. ACCOUNT TRANSITION.—The amounts of obligated

balances in appropriations accounts, as set forth in title II of the

Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 and prior

Acts that are recaptured hereafter, to the extent not governed

by the specific language in an account or provision in this Act,

shall be held in reserve subject to reprogramming, notwithstanding

any other provision of law.

SEC. 219. TREATMENT OF CERTAIN PROPERTIES.—Notwithstanding any other provision of law, rehabilitation activities undertaken

in projects using the Low-Income Housing Tax Credit allocated

to developments in the city of New Brunswick, New Jersey, in

1991, are deemed to have met the requirements for rehabilitation

in accordance with clause (ii) of the third sentence of section
110 STAT. 2906 PUBLIC LAW 104–204—SEPT. 26, 1996

8(d)(2)(A) of the United States Housing Act of 1937, as in effect

before the date of the enactment of this Act.

SEC. 220. AMENDMENT RELATING TO COMMUNITY DEVELOPMENT

ASSISTANCE.—Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(8)) is amended by striking

‘‘through 1997’’ and inserting ‘‘through 1998’’.

SEC. 221. SECTION 236 PROGRAM AMENDMENTS.—(a) Section

236(f)(1) of the National Housing Act (12 U.S.C. 1715z–1), as

amended by section 405(d)(1) of The Balanced Budget Downpayment

Act, I, and by section 228(a) of The Balanced Budget Downpayment

Act, II, is amended—

(1) in the second sentence, by striking ‘‘the lower of (i)’’;

(2) in the second sentence, by striking ‘‘or (ii) the fair

market rental established under section 8(c) of the United

States Housing Act of 1937 for the market area in which

the housing is located, or (iii) the actual rent (as determined

by the Secretary) paid for a comparable unit in comparable

unassisted housing in the market area in which the housing

assisted under this section is located,’’; and

(3) by inserting after the second sentence the following:

‘‘However, in the case of a project which contains more than

5,000 units, is subject to an interest reduction payments contract, and is financed under a State or local program, the

Secretary may reduce the rental charge ceiling, but in no case

shall the rent be below basic rent. For plans of action approved

for Capital Grants under the Low-Income Housing Preservation

and Resident Homeownership Act of 1990 (LIHPRHA) or the

Emergency Low Income Housing Preservation Act of 1987

(ELIHPA), the rental charge for each dwelling unit shall be

at the basic rental charge or such greater amount, not exceeding

the lower of (i) the fair market rental charge determined pursuant to this paragraph, or (ii) the actual rent paid for a comparable unit in comparable unassisted housing in the market

area in which the housing assisted under this section is located,

as represents 30 percent of the tenant’s adjusted income, but

in no case shall the rent be below basic rent.’’.

(b) Section 236(f) of the National Housing Act is amended

by adding the following new paragraph at the end:

‘‘(7) The Secretary shall determine whether and under what

conditions the provisions of this subsection shall apply to mortgages sold by the Secretary on a negotiated basis.’’.

(c) Section 236(g) of the National Housing Act is amended

to read as follows:

‘‘The project owner shall, as required by the Secretary, accumulate, safeguard, and periodically pay the Secretary or such other

entity as determined by the Secretary and upon such terms and

conditions as the Secretary deems appropriate, all rental charges

collected on a unit-by-unit basis in excess of the basic rental charges.

Unless otherwise directed by the Secretary, such excess charges

shall be credited to a reserve fund to be used by the Secretary

to make additional assistance payments as provided in paragraph

(3) of subsection (f). However, a project owner with a mortgage

insured under this section may retain some or all of such excess

charges for project use if authorized by the Secretary and upon

such terms and conditions as established by the Secretary.’’.

TITLE III

Ante, p. 44.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2907

INDEPENDENT AGENCIES

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the

American Battle Monuments Commission, including the acquisition

of land or interest in land in foreign countries; purchases and

repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase

(one for replacement only) and hire of passenger motor vehicles;

and insurance of official motor vehicles in foreign countries, when

required by law of such countries; $22,265,000, to remain available

until expended: Provided, That where station allowance has been

authorized by the Department of the Army for officers of the Army

serving the Army at certain foreign stations, the same allowance

shall be authorized for officers of the Armed Forces assigned to

the Commission while serving at the same foreign stations, and

this appropriation is hereby made available for the payment of

such allowance: Provided further, That when traveling on business

of the Commission, officers of the Armed Forces serving as members

or as Secretary of the Commission may be reimbursed for expenses

as provided for civilian members of the Commission: Provided

further, That the Commission shall reimburse other Government

agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it.

DEPARTMENT OF THE TREASURY

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM

ACCOUNT

For grants, loans, and technical assistance to qualifying community development lenders, and administrative expenses of the Fund,

$45,000,000, to remain available until September 30, 1998, of

which $8,000,000 may be used for the cost of direct loans, and

up to $800,000 may be used for administrative expenses to carry

out the direct loan program: Provided, That the cost of direct

loans, including the cost of modifying such loans, shall be as defined

in section 502 of the Congressional Budget Act of 1974: Provided

further, That not more than $19,400,000 of the funds made available

under this heading may be used for programs and activities authorized in section 114 of the Community Development Banking and

Financial Institutions Act of 1994.

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety

Commission, including hire of passenger motor vehicles, services

as authorized by 5 U.S.C. 3109, but at rates for individuals not

36 USC 122a.

36 USC 122.

36 USC 121b.
110 STAT. 2908 PUBLIC LAW 104–204—SEPT. 26, 1996

to exceed the per diem rate equivalent to the rate for GS–18,

purchase of nominal awards to recognize non-Federal officials’ contributions to Commission activities, and not to exceed $500 for

official reception and representation expenses, $42,500,000.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Corporation for National and

Community Service (referred to in the matter under this heading

as the ‘‘Corporation’’) in carrying out programs, activities, and initiatives under the National and Community Service Act of 1990

(referred to in the matter under this heading as the ‘‘Act’’) (42

U.S.C. 12501 et seq.), $400,500,000, of which $265,000,000 shall

be available for obligation from September 1, 1997, through September 30, 1998: Provided, That not more than $25,000,000 shall be

available for administrative expenses authorized under section

501(a)(4) of the Act (42 U.S.C. 12671(a)(4)): Provided further, That

not more than $2,500 shall be for official reception and representation expenses: Provided further, That not more than $59,000,000,

to remain available without fiscal year limitation, shall be transferred to the National Service Trust account for educational awards

authorized under subtitle D of title I of the Act (42 U.S.C. 12601

et seq.): Provided further, That not more than $215,000,000 of

the amount provided under this heading shall be available for

grants under the National Service Trust program authorized under

subtitle C of title I of the Act (42 U.S.C. 12571 et seq.) (relating

to activities including the Americorps program), of which not more

than $40,000,000 may be used to administer, reimburse or support

any national service program authorized under section 121(d)(2)

of such Act (42 U.S.C. 12581(d)(2)): Provided further, That not

more than $5,500,000 of the funds made available under this heading shall be made available for the Points of Light Foundation

for activities authorized under title III of the Act (42 U.S.C. 12661

et seq.): Provided further, That no funds shall be available for

national service programs run by Federal agencies authorized under

section 121(b) of such Act (42 U.S.C. 12571(b)): Provided further,

That to the maximum extent feasible, funds appropriated in the

preceding proviso shall be provided in a manner that is consistent

with the recommendations of peer review panels in order to ensure

that priority is given to programs that demonstrate quality, innovation, replicability, and sustainability: Provided further, That not

more than $18,000,000 of the funds made available under this

heading shall be available for the Civilian Community Corps authorized under subtitle E of title I of the Act (42 U.S.C. 12611 et

seq.): Provided further, That not more than $43,000,000 shall be

available for school-based and community-based service-learning

programs authorized under subtitle B of title I of the Act (42

U.S.C. 12521 et seq.): Provided further, That not more than

$30,000,000 shall be available for quality and innovation activities

authorized under subtitle H of title I of the Act (42 U.S.C. 12853

et seq.): Provided further, That not more than $5,000,000 shall

be available for audits and other evaluations authorized under

section 179 of the Act (42 U.S.C. 12639): Provided further, That
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2909

no funds from any other appropriation, or from funds otherwise

made available to the Corporation, shall be used to pay for personnel

compensation and benefits, travel, or any other administrative

expense for the Board of Directors, the Office of the Chief Executive

Officer, the Office of the Managing Director, the Office of the

Chief Financial Officer, the Office of National and Community

Service Programs, the Civilian Community Corps, or any field office

or staff of the Corporation working on the National and Community

Service or Civilian Community Corps programs: Provided further,

That to the maximum extent practicable, the Corporation shall

increase significantly the level of matching funds and in-kind contributions provided by the private sector, shall expand significantly

the number of educational awards provided under subtitle D of

title I, and shall reduce the total Federal costs per participant

in all programs.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $2,000,000.

COURT OF VETERANS APPEALS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States

Court of Veterans Appeals as authorized by 38 U.S.C. sections

7251–7292, $9,229,000, of which $700,000, to remain available until

September 30, 1998, shall be available for the purpose of providing

financial assistance as described, and in accordance with the process

and reporting procedures set forth, under this heading in Public

Law 102–229.

DEPARTMENT OF DEFENSE—CIVIL CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance,

operation, and improvement of Arlington National Cemetery and

Soldiers’ and Airmen’s Home National Cemetery, including the

purchase of one passenger motor vehicle for replacement only, and

not to exceed $1,000 for official reception and representation

expenses, $11,600,000, to remain available until expended.

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For science and technology, including research and development

activities, which shall include research and development activities

under the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (CERCLA), as amended; necessary

expenses for personnel and related costs and travel expenses, including uniforms, or allowances therefore, as authorized by 5 U.S.C.

5901–5902; services as authorized by 5 U.S.C. 3109, but at rates

for individuals not to exceed the per diem rate equivalent to the

rate for GS–18; procurement of laboratory equipment and supplies;
110 STAT. 2910 PUBLIC LAW 104–204—SEPT. 26, 1996

other operating expenses in support of research and development;

construction, alteration, repair, rehabilitation, and renovation of

facilities, not to exceed $75,000 per project, $542,000,000, which

shall remain available until September 30, 1998.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and

related costs and travel expenses, including uniforms, or allowances

therefore, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed

the per diem rate equivalent to the rate for GS–18; hire of passenger

motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations

which issue publications to members only or at a price to members

lower than to subscribers who are not members; construction, alteration, repair, rehabilitation, and renovation of facilities, not to

exceed $75,000 per project; and not to exceed $6,000 for official

reception and representation expenses, $1,710,000,000, which shall

remain available until September 30, 1998.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, and for construction, alteration, repair, rehabilitation,

and renovation of facilities, not to exceed $75,000 per project,

$28,500,000.

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration,

and purchase of fixed equipment or facilities of, or for use by,

the Environmental Protection Agency, $87,220,000, to remain available until expended: Provided, That EPA is authorized to establish

and construct a consolidated research facility at Research Triangle

Park, North Carolina, at a maximum total construction cost of

$232,000,000, and to obligate such monies as are made available

by this Act for this purpose: Provided further, That EPA is authorized to construct such facility through multi-year contracts

incrementally funded through appropriations hereafter made available for this project: Provided further, That, notwithstanding the

previous provisos, for monies obligated pursuant to this authority,

EPA may not obligate monies in excess of those provided in advance

in annual appropriations, and such contracts shall clearly provide

for this limitation.

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), as amended, including sections 111 (c)(3), (c)(5), (c)(6),

and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,

rehabilitation, and renovation of facilities, not to exceed $75,000

per project; not to exceed $1,394,245,000 (of which $100,000,000
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2911

shall not become available until September 1, 1997), to remain

available until expended, consisting of $1,144,245,000 as authorized

by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended by Public Law 101–508,

and $250,000,000 as a payment from general revenues to the

Hazardous Substance Superfund as authorized by section 517(b)

of SARA, as amended by Public Law 101–508: Provided, That

funds appropriated under this heading may be allocated to other

Federal agencies in accordance with section 111(a) of CERCLA:

Provided further, That $11,000,000 of the funds appropriated under

this heading shall be transferred to the ‘‘Office of Inspector General’’

appropriation to remain available until September 30, 1997:

Provided further, That notwithstanding section 111(m) of CERCLA

or any other provision of law, not to exceed $64,000,000 of the

funds appropriated under this heading shall be available to the

Agency for Toxic Substances and Disease Registry to carry out

activities described in sections 104(i), 111(c)(4), and 111(c)(14) of

CERCLA and section 118(f) of the Superfund Amendments and

Reauthorization Act of 1986: Provided further, That $35,000,000

of the funds appropriated under this heading shall be transferred

to the ‘‘Science and technology’’ appropriation to remain available

until September 30, 1998: Provided further, That none of the funds

appropriated under this heading shall be available for the Agency

for Toxic Substances and Disease Registry to issue in excess of

40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 1997.

LEAKING UNDERGROUND STORAGE TANK TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the

Superfund Amendments and Reauthorization Act of 1986, and for

construction, alteration, repair, rehabilitation, and renovation of

facilities, not to exceed $75,000 per project, $60,000,000, to remain

available until expended: Provided, That no more than $7,000,000

shall be available for administrative expenses: Provided further, That $577,000 shall be transferred to the ‘‘Office of Inspector General’’ appropriation to remain available until September 30, 1997.

OIL SPILL RESPONSE

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,

$15,000,000, to be derived from the Oil Spill Liability trust fund,

and to remain available until expended: Provided, That not more

than $8,000,000 of these funds shall be available for administrative

expenses.

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance,

including capitalization grants for State revolving funds and

performance partnership grants, $2,875,207,000, to remain available until expended, of which $1,900,000,000 shall be for making
110 STAT. 2912 PUBLIC LAW 104–204—SEPT. 26, 1996

capitalization grants for State revolving funds to support water

infrastructure financing; $100,000,000 for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater

facilities in the area of the United States-Mexico Border, after

consultation with the appropriate border commission; $50,000,000

for grants to the State of Texas, which shall be matched by an

equal amount of State funds from State resources, for the purpose

of improving wastewater treatment for colonias; $15,000,000 for

grants to the State of Alaska subject to an appropriate cost share

as determined by the Administrator, to address water supply and

wastewater infrastructure needs of rural and Alaska Native Villages; $136,000,000 for making grants for the construction of

wastewater and water treatment facilities and the development

of groundwater in accordance with the terms and conditions specified for such grants in the conference report and joint explanatory

statement of the committee of conference accompanying this Act

(H.R. 3666); and $674,207,000 for grants to States and federally

recognized tribes for multi-media or single media pollution prevention, control and abatement and related activities pursuant to the

provisions set forth under this heading in Public Law 104–134:

Provided, That, from funds appropriated under this heading, the

Administrator may make grants to federally recognized Indian

governments for the development of multi-media environmental

programs: Provided further, That notwithstanding any other provision of law, beginning in fiscal year 1997 the Administrator may

make grants to States, from funds available for obligation in the

State under title II of the Federal Water Pollution Control Act,

as amended, for administering the completion and closeout of the

State’s construction grants program, based on a budget annually

negotiated with the State: Provided further, That of the

$1,900,000,000 for capitalization grants for State revolving funds

to support water infrastructure financing, $1,275,000,000 shall be

for drinking water State revolving funds: Provided further, That

the funds made available in Public Law 103–327 for a grant to

the City of Bangor, Maine, in accordance with House Report 103–

715, shall be available for a grant to that city for meeting combined

sewer overflow requirements: Provided further, That, notwithstanding any other provision of law, a State that did not receive, in

fiscal year 1996, grants under title VI of the Federal Water Pollution

Control Act, as amended, that obligated all the funds allotted to

it from the $725,000,000 that became available for that purpose

on August 1, 1996, may receive reallotted funds from the fiscal

year 1996 appropriation, provided the State receives such grants

in fiscal year 1997.

WORKING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

There is hereby established in the Treasury a franchise fund

pilot to be known as the ‘‘Working capital fund’’, as authorized

by section 403 of Public Law 103–356, to be available as provided

in such section for expenses and equipment necessary for the

maintenance and operation of such administrative services as the

Administrator determines may be performed more advantageously

as central services: Provided, That any inventories, equipment,

and other assets pertaining to the services to be provided by such

31 USC 501 note.

33 USC 128 note.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2913

fund, either on hand or on order, less the related liabilities or

unpaid obligations, and any appropriations made hereafter for the

purpose of providing capital, shall be used to capitalize such fund:

Provided further, That such fund shall be paid in advance from

funds available to the Agency and other Federal agencies for which

such centralized services are performed, at rates which will return

in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automated data

processing (ADP) software and systems (either acquired or donated),

and an amount necessary to maintain a reasonable operating

reserve, as determined by the Administrator: Provided further, That

such fund shall provide services on a competitive basis: Provided

further, That an amount not to exceed four percent of the total

annual income to such fund may be retained in the fund for fiscal

year 1997 and each fiscal year thereafter, to remain available

until expended, to be used for the acquisition of capital equipment

and for the improvement and implementation of Agency financial

management, ADP, and other support systems: Provided further,

That no later than thirty days after the end of each fiscal year

amounts in excess of this reserve limitation shall be transferred

to the Treasury: Provided further, That such franchise fund pilot

shall terminate pursuant to section 403(f) of Public Law 103–356.

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology

Policy, in carrying out the purposes of the National Science and

Technology Policy, Organization, and Priorities Act of 1976 (42

U.S.C. 6601 and 6671), hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not to exceed $2,500 for

official reception and representation expenses, and rental of conference rooms in the District of Columbia, $4,932,000.

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the

Council on Environmental Quality and Office of Environmental

Quality pursuant to the National Environmental Policy Act of 1969,

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, $2,436,000.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For necessary expenses in carrying out the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121

et seq.), $1,320,000,000, and, notwithstanding 42 U.S.C. 5203, to

become available for obligation on September 30, 1997, and remain

available until expended: Provided, That notwithstanding any other

provision of this paragraph, amounts appropriated herein shall

be available for obligation on October 1, 1996: Provided further,

That the Director of the Federal Emergency Management Agency

(FEMA) shall submit to the appropriate committees of Congress

within 120 days of enactment of this Act a comprehensive report

Reports.
110 STAT. 2914 PUBLIC LAW 104–204—SEPT. 26, 1996

on FEMA’s plans to reduce disaster relief expenditures and improve

managment controls on the Disaster Relief Fund.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For the cost of direct loans, $1,385,000, as authorized by section

319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That such costs,

including the cost of modifying such loans, shall be as defined

in section 502 of the Congressional Budget Act of 1974, as amended:

Provided further, That these funds are available to subsidize gross

obligations for the principal amount of direct loans not to exceed

$25,000,000.

In addition, for administrative expenses to carry out the direct

loan program, $548,000.

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, including

hire and purchase of motor vehicles (31 U.S.C. 1343); uniforms,

or allowances therefor, as authorized by 5 U.S.C. 5901–5902;

services as authorized by 5 U.S.C. 3109, but at rates for individuals

not to exceed the per diem rate equivalent to the rate for GS–

18; expenses of attendance of cooperating officials and individuals

at meetings concerned with the work of emergency preparedness;

transportation in connection with the continuity of Government

programs to the same extent and in the same manner as permitted

the Secretary of a Military Department under 10 U.S.C. 2632;

and not to exceed $2,500 for official reception and representation

expenses, $167,500,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $4,673,000.

EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

For necessary expenses, not otherwise provided for, to carry

out activities under the National Flood Insurance Act of 1968,

as amended, and the Flood Disaster Protection Act of 1973, as

amended (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),

the Earthquake Hazards Reduction Act of 1977, as amended (42

U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act

of 1974, as amended (15 U.S.C. 2201 et seq.), the Defense Production

Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), sections

107 and 303 of the National Security Act of 1947, as amended

(50 U.S.C. 404–405), and Reorganization Plan No. 3 of 1978,

$206,701,000.

EMERGENCY FOOD AND SHELTER PROGRAM

To carry out an emergency food and shelter program pursuant

to title III of Public Law 100–77, as amended, $100,000,000: Provided, That total administrative costs shall not exceed three and

one-half percent of the total appropriation.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2915

NATIONAL FLOOD INSURANCE FUND

For activities under the National Flood Insurance Act of 1968,

the Flood Disaster Protection Act of 1973, and the National Flood

Insurance Reform Act of 1994, not to exceed $20,981,000 for salaries

and expenses associated with flood mitigation and flood insurance

operations, and not to exceed $78,464,000 for flood mitigation,

including up to $20,000,000 for expenses under section 1366 of

the National Flood Insurance Act, which amount shall be available

until September 30, 1998. The first sentence of section 1376(c)

of the National Flood Insurance Act of 1968, as amended (42 U.S.C.

4127(c)), is amended by striking all after ‘‘this subsection’’ and

inserting ‘‘such sums as may be necessary through September 30,

1997 for studies under this title.’’. In fiscal year 1997, no funds

in excess of (1) $47,000,000 for operating expenses, (2) $335,680,000

for agents’ commissions and taxes, and (3) $35,000,000 for interest

on Treasury borrowings shall be available from the National Flood

Insurance Fund without prior notice to the Committees on Appropriations. For fiscal year 1997, flood insurance rates shall not

exceed the level authorized by the National Flood Insurance Reform

Act of 1994. Section 1319 of the National Flood Insurance Act

of 1968, as amended (42 U.S.C. 4026), is amended by striking

out September 30, 1996.’’ and inserting ‘‘September 30, 1997.’’.

WORKING CAPITAL FUND

For the establishment of a working capital fund for the Federal

Emergency Management Agency, to be available without fiscal year

limitation, for expenses and equipment necessary for maintenance

and operations of such administrative services as the Director determines may be performed more advantageously as central services:

Provided, That any inventories, equipment, and other assets

pertaining to the services to be provided by such fund, either

on hand or on order, less the related liabilities or unpaid obligations,

and any appropriations made hereafter for the purpose of providing

capital, shall be used to capitalize such fund: Provided further,

That such fund shall be reimbursed or credited with advance payments from applicable appropriations and funds of the Federal

Emergency Management Agency, other Federal agencies, and other

sources authorized by law for which such centralized services are

performed, including supplies, materials, and services, at rates that

will return in full all expenses of operation, including accrued

leave, depreciation of fund plant and equipment, amortization of

automated data processing (ADP) software and systems (either

acquired or donated), and an amount necessary to maintain a

reasonable operating reserve as determined by the Director:

Provided further, That income of such fund may be retained, to

remain available until expended, for purposes of the fund: Provided

further, That fees for services shall be established by the Director

at a level to cover the total estimated costs of providing such

services, such fees to be deposited in the fund shall remain available

until expended for purposes of the fund: Provided further, That

such fund shall terminate in a manner consistent with section

403(f) of Public Law 103–356.

31 USC 501 note.
110 STAT. 2916 PUBLIC LAW 104–204—SEPT. 26, 1996

ADMINISTRATIVE PROVISION

The Director of the Federal Emergency Management Agency

shall promulgate through rulemaking a methodology for assessment

and collection of fees to be assessed and collected beginning in

fiscal year 1997 applicable to persons subject to the Federal Emergency Management Agency’s radiological emergency preparedness

regulations. The aggregate charges assessed pursuant to this section

during fiscal year 1997 shall approximate, but not be less than,

100 per centum of the amounts anticipated by the Federal Emergency Management Agency to be obligated for its radiological

emergency preparedness program for such fiscal year. The methodology for assessment and collection of fees shall be fair and

equitable, and shall reflect the full amount of costs of providing

radiological emergency planning, preparedness, response and associated services. Such fees shall be assessed in a manner that reflects

the use of agency resources for classes of regulated persons and

the administrative costs of collecting such fees. Fees received pursuant to this section shall be deposited in the general fund of the

Treasury as offsetting receipts. Assessment and collection of such

fees are only authorized during fiscal year 1997.

GENERAL SERVICES ADMINISTRATION

CONSUMER INFORMATION CENTER FUND

For necessary expenses of the Consumer Information Center,

including services authorized by 5 U.S.C. 3109, $2,260,000, to be

deposited into the Consumer Information Center Fund: Provided,

That the appropriations, revenues and collections deposited into

the fund shall be available for necessary expenses of Consumer

Information Center activities in the aggregate amount of $7,500,000.

Appropriations, revenues, and collections accruing to this fund during fiscal year 1997 in excess of $7,500,000 shall remain in the

fund and shall not be available for expenditure except as authorized

in appropriations Acts: Provided further, That notwithstanding any

other provision of law, the Consumer Information Center may accept

and deposit to this account, during fiscal year 1997 and hereafter,

gifts for the purpose of defraying its costs of printing, publishing,

and distributing consumer information and educational materials

and undertaking other consumer information activities; may expend

those gifts for those purposes, in addition to amounts appropriated

or otherwise made available; and the balance shall remain available

for expenditure for such purpose.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

HUMAN SPACE FLIGHT

For necessary expenses, not otherwise provided for, in the

conduct and support of human space flight research and development activities, including research, development, operations, and

services; maintenance; construction of facilities including repair,

rehabilitation, and modification of real and personal property, and

acquisition or condemnation of real property, as authorized by law;

space flight, spacecraft control and communications activities

including operations, production, and services; and purchase, lease,

charter, maintenance and operation of mission and administrative

40 USC 761a.

Regulations.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2917

aircraft, $5,362,900,000, to remain available until September 30,

1998.

SCIENCE, AERONAUTICS AND TECHNOLOGY

For necessary expenses, not otherwise provided for, in the

conduct and support of science, aeronautics and technology research

and development activities, including research, development,

operations, and services; maintenance; construction of facilities

including repair, rehabilitation, and modification of real and personal property, and acquisition or condemnation of real property,

as authorized by law; space flight, spacecraft control and communications activities including operations, production, and services;

and purchase, lease, charter, maintenance and operation of mission

and administrative aircraft, $5,762,100,000, to remain available

until September 30, 1998. Chapter VII of Public Law 104–6 is

amended under the heading, ‘‘National Aeronautics and Space

Administration’’ by replacing ‘‘September 30, 1997’’ with ‘‘September

30, 1998’’ and ‘‘1996’’ with ‘‘1997’’.

MISSION SUPPORT

For necessary expenses, not otherwise provided for, in carrying

out mission support for human space flight programs and science,

aeronautical, and technology programs, including research operations and support; space communications activities including operations, production and services; maintenance; construction of facilities including repair, rehabilitation, and modification of facilities,

minor construction of new facilities and additions to existing facilities, facility planning and design, environmental compliance and

restoration, and acquisition or condemnation of real property, as

authorized by law; program management; personnel and related

costs, including uniforms or allowances therefor, as authorized by

5 U.S.C. 5901–5902; travel expenses; purchase, lease, charter,

maintenance, and operation of mission and administrative aircraft;

not to exceed $35,000 for official reception and representation

expenses; and purchase (not to exceed 33 for replacement only)

and hire of passenger motor vehicles; $2,562,200,000, to remain

available until September 30, 1998.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$17,000,000.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Human space flight’’, ‘‘Science, aeronautics and

technology’’, or ‘‘Mission support’’ by this appropriations Act, when

(1) any activity has been initiated by the incurrence of obligations

for construction of facilities as authorized by law, or (2) amounts

are provided for full-funding for the Tracking and Data Relay

Satellite (TDRS) replenishment program, such amount available

for such activity shall remain available until expended. This provision does not apply to the amounts appropriated in ‘‘Mission

109 Stat. 88.
110 STAT. 2918 PUBLIC LAW 104–204—SEPT. 26, 1996

support’’ pursuant to the authorization for repair, rehabilitation

and modification of facilities, minor construction of new facilities

and additions to existing facilities, and facility planning and design.

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Human space flight’’, ‘‘Science, aeronautics and

technology’’, or ‘‘Mission support’’ by this appropriations Act, the

amounts appropriated for construction of facilities shall remain

available until September 30, 1999.

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Mission support’’ and ‘‘Office of Inspector General’’, amounts made available by this Act for personnel and related

costs and travel expenses of the National Aeronautics and Space

Administration shall remain available until September 30, 1997

and may be used to enter into contracts for training, investigations,

cost associated with personnel relocation, and for other services,

to be provided during the next fiscal year.

Upon the determination by the Administrator that such action

is necesssary, the Administrator may, with the approval of the

Office of Management and Budget, transfer not to exceed

$177,000,000 of funds made available in this Act to the National

Aeronautics and Space Administration for the International Space

Station between ‘‘Science, aeronautics and technology’’ and ‘‘Human

space flight’’, to be merged with and to be available for the same

purposes, and for the same time period, as the appropriation to

which transferred: Provided, That such authority may not be used

unless for higher priority items than those for which originally

appropriated: Provided further, That the Administrator of the

National Aeronautics and Space Administration shall notify the

Congress promptly of all transfers made pursuant to this authority.

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

During fiscal year 1997, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member

credit unions, as authorized by the National Credit Union Central

Liquidity Facility Act (12 U.S.C. 1795), shall not exceed

$600,000,000: Provided, That administrative expenses of the

Central Liquidity Facility in fiscal year 1997 shall not exceed

$560,000: Provided further, That $1,000,000, together with amounts

of principal and interest on loans repaid, to be available until

expended, is available for loans to community development credit

unions.

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and

the Act to establish a National Medal of Science (42 U.S.C. 1880–

1881); services as authorized by 5 U.S.C. 3109; maintenance and

operation of aircraft and purchase of flight services for research

support; acquisition of aircraft; $2,432,000,000, of which not to

exceed $226,000,000 shall remain available until expended for Polar

research and operations support, and for reimbursement to other

Federal agencies for operational and science support and logistical

Notification.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2919

and other related activities for the United States Antarctic program;

the balance to remain available until September 30, 1998: Provided,

That receipts for scientific support services and materials furnished

by the National Research Centers and other National Science

Foundation supported research facilities may be credited to this

appropriation: Provided further, That to the extent that the amount

appropriated is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors

and ceilings, specified in the authorizing Act for those program

activities or their subactivities shall be reduced proportionally.

MAJOR RESEARCH EQUIPMENT

For necessary expenses of major construction projects pursuant

to the National Science Foundation Act of 1950, as amended,

$80,000,000, to remain available until expended.

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering

education and human resources programs and activities pursuant

to the National Science Foundation Act of 1950, as amended (42

U.S.C. 1861–1875), including services as authorized by 5 U.S.C.

3109 and rental of conference rooms in the District of Columbia,

$619,000,000, to remain available until September 30, 1998: Provided, That to the extent that the amount of this appropriation

is less than the total amount authorized to be appropriated for

included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities

or their subactivities shall be reduced proportionally.

SALARIES AND EXPENSES

For necessary salaries and expenses of the National Science

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875); services

authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;

not to exceed $9,000 for official reception and representation

expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.

5901–5902; rental of conference rooms in the District of Columbia;

reimbursement of the General Services Administration for security

guard services and headquarters relocation; $134,310,000: Provided,

That contracts may be entered into under salaries and expenses

in fiscal year 1997 for maintenance and operation of facilities,

and for other services, to be provided during the next fiscal year.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as

authorized by the Inspector General Act of 1978, as amended,

$4,690,000, to remain available until September 30, 1998.

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation

for use in neighborhood reinvestment activities, as authorized by
110 STAT. 2920 PUBLIC LAW 104–204—SEPT. 26, 1996

the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–

8107), $49,900,000.

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as

authorized by 5 U.S.C. 4101–4118 for civilian employees; and not

to exceed $1,000 for official reception and representation expenses;

$22,930,000: Provided, That during the current fiscal year, the

President may exempt this appropriation from the provisions of

31 U.S.C. 1341, whenever he deems such action to be necessary

in the interest of national defense: Provided further, That none

of the funds appropriated by this Act may be expended for or

in connection with the induction of any person into the Armed

Forces of the United States.

TITLE IV—GENERAL PROVISIONS

SEC. 401. Where appropriations in titles I, II, and III of this

Act are expendable for travel expenses and no specific limitation

has been placed thereon, the expenditures for such travel expenses

may not exceed the amounts set forth therefore in the budget

estimates submitted for the appropriations: Provided, That this

provision does not apply to accounts that do not contain an object

classification for travel: Provided further, That this section shall

not apply to travel performed by uncompensated officials of local

boards and appeal boards of the Selective Service System; to travel

performed directly in connection with care and treatment of medical

beneficiaries of the Department of Veterans Affairs; to travel performed in connection with major disasters or emergencies declared

or determined by the President under the provisions of the Robert

T. Stafford Disaster Relief and Emergency Assistance Act; to travel

performed by the Offices of Inspector General in connection with

audits and investigations; or to payments to interagency motor

pools where separately set forth in the budget schedules: Provided

further, That if appropriations in titles I, II, and III exceed the

amounts set forth in budget estimates initially submitted for such

appropriations, the expenditures for travel may correspondingly

exceed the amounts therefore set forth in the estimates in the

same proportion.

SEC. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the

current fiscal year for purchase of uniforms, or allowances therefor,

as authorized by 5 U.S.C. 5901–5902; hire of passenger motor

vehicles; and services as authorized by 5 U.S.C. 3109.

SEC. 403. Funds of the Department of Housing and Urban

Development subject to the Government Corporation Control Act

or section 402 of the Housing Act of 1950 shall be available, without

regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment

for services and facilities of Federal National Mortgage Association,

Government National Mortgage Association, Federal Home Loan

Mortgage Corporation, Federal Financing Bank, Federal Reserve
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2921

banks or any member thereof, Federal Home Loan banks, and

any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).

SEC. 404. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 405. No funds appropriated by this Act may be expended—

(1) pursuant to a certification of an officer or employee

of the United States unless—

(A) such certification is accompanied by, or is part

of, a voucher or abstract which describes the payee or

payees and the items or services for which such expenditure

is being made, or

(B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and

(2) unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by law from

such audit.

SEC. 406. None of the funds provided in this Act to any department or agency may be expended for the transportation of any

officer or employee of such department or agency between his

domicile and his place of employment, with the exception of any

officer or employee authorized such transportation under 31 U.S.C.

1344 or 5 U.S.C. 7905.

SEC. 407. None of the funds provided in this Act may be

used for payment, through grants or contracts, to recipients that

do not share in the cost of conducting research resulting from

proposals not specifically solicited by the Government: Provided,

That the extent of cost sharing by the recipient shall reflect the

mutuality of interest of the grantee or contractor and the Government in the research.

SEC. 408. None of the funds in this Act may be used, directly

or through grants, to pay or to provide reimbursement for payment

of the salary of a consultant (whether retained by the Federal

Government or a grantee) at more than the daily equivalent of

the rate paid for level IV of the Executive Schedule, unless specifically authorized by law.

SEC. 409. None of the funds provided in this Act shall be

used to pay the expenses of, or otherwise compensate, non-Federal

parties intervening in regulatory or adjudicatory proceedings. Nothing herein affects the authority of the Consumer Product Safety

Commission pursuant to section 7 of the Consumer Product Safety

Act (15 U.S.C. 2056 et seq.).

SEC. 410. Except as otherwise provided under existing law

or under an existing Executive Order issued pursuant to an existing

law, the obligation or expenditure of any appropriation under this

Act for contracts for any consulting service shall be limited to

contracts which are (1) a matter of public record and available

for public inspection, and (2) thereafter included in a publicly available list of all contracts entered into within twenty-four months

prior to the date on which the list is made available to the public

and of all contracts on which performance has not been completed

by such date. The list required by the preceding sentence shall

be updated quarterly and shall include a narrative description

of the work to be performed under each such contract.

Contracts.

Public

information.

Records.
110 STAT. 2922 PUBLIC LAW 104–204—SEPT. 26, 1996

SEC. 411. Except as otherwise provided by law, no part of

any appropriation contained in this Act shall be obligated or

expended by any executive agency, as referred to in the Office

of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), for

a contract for services unless such executive agency (1) has awarded

and entered into such contract in full compliance with such Act

and the regulations promulgated thereunder, and (2) requires any

report prepared pursuant to such contract, including plans, evaluations, studies, analyses and manuals, and any report prepared

by the agency which is substantially derived from or substantially

includes any report prepared pursuant to such contract, to contain

information concerning (A) the contract pursuant to which the

report was prepared, and (B) the contractor who prepared the

report pursuant to such contract.

SEC. 412. Except as otherwise provided in section 406, none

of the funds provided in this Act to any department or agency

shall be obligated or expended to provide a personal cook, chauffeur,

or other personal servants to any officer or employee of such department or agency.

SEC. 413. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger

automobiles as defined in 15 U.S.C. 2001 with an EPA estimated

miles per gallon average of less than 22 miles per gallon.

SEC. 414. None of the funds appropriated in title I of this

Act shall be used to enter into any new lease of real property

if the estimated annual rental is more than $300,000 unless the

Secretary submits, in writing, a report to the Committees on Appropriations of the Congress and a period of 30 days has expired

following the date on which the report is received by the Committees

on Appropriations.

SEC. 415. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest

extent practicable, all equipment and products purchased with

funds made available in this Act should be American-made.

(b) NOTICE REQUIREMENT.—In providing financial assistance

to, or entering into any contract with, any entity using funds

made available in this Act, the head of each Federal agency, to

the greatest extent practicable, shall provide to such entity a notice

describing the statement made in subsection (a) by the Congress.

SEC. 416. None of the funds appropriated in this Act may

be used to implement any cap on reimbursements to grantees

for indirect costs, except as published in Office of Management

and Budget Circular A–21.

SEC. 417. Such sums as may be necessary for fiscal year 1997

pay raises for programs funded by this Act shall be absorbed within

the levels appropriated in this Act.

SEC. 418. None of the funds made available in this Act may

be used for any program, project, or activity, when it is made

known to the Federal entity or official to which the funds are

made available that the program, project, or activity is not in

compliance with any Federal law relating to risk assessment, the

protection of private property rights, or unfunded mandates.

SEC. 419. Such funds as may be necessary to carry out the

orderly termination of the Office of Consumer Affairs shall be

made available from funds appropriated to the Department of

Health and Human Services for fiscal year 1997.

Government

organization.

Reports.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2923

SEC. 420. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government

Corporation Control Act, as amended, are hereby authorized to

make such expenditures, within the limits of funds and borrowing

authority available to each such corporation or agency and in accord

with law, and to make such contracts and commitments without

regard to fiscal year limitations as provided by section 104 of

the Act as may be necessary in carrying out the programs set

forth in the budget for 1997 for such corporation or agency except

as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase

commitments only to the extent expressly provided for in this

Act (unless such loans are in support of other forms of assistance

provided for in this or prior appropriations Acts), except that this

proviso shall not apply to the mortgage insurance or guaranty

operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United

States Government.

SEC. 421. (a) The purpose of this section is to provide for

the special needs of certain children of Vietnam veterans who

were born with the birth defect spina bifida, possibly as the result

of the exposure of one or both parents to herbicides during active

service in the Republic of Vietnam during the Vietnam era, through

the provision of health care and monetary benefits.

(b)(1) Part II of title 38, United States Code, is amended by

inserting after chapter 17 the following new chapter:

‘‘CHAPTER 18—BENEFITS FOR CHILDREN OF VIETNAM

VETERANS WHO ARE BORN WITH SPINA BIFIDA

‘‘Sec.

‘‘1801. Definitions.

‘‘1802. Spina bifida conditions covered.

‘‘1803. Health care.

‘‘1804. Vocational training and rehabilitation.

‘‘1805. Monetary allowance.

‘‘1806. Effective date of awards.

‘‘§ 1801. Definitions

‘‘For the purposes of this chapter—

‘‘(1) The term ‘child’, with respect to a Vietnam veteran,

means a natural child of the Vietnam veteran, regardless of

age or marital status, who was conceived after the date on

which the veteran first entered the Republic of Vietnam during

the Vietnam era.

‘‘(2) The term ‘Vietnam veteran’ means a veteran who

performed active military, naval, or air service in the Republic

of Vietnam during the Vietnam era.

‘‘§ 1802. Spina bifida conditions covered

‘‘This chapter applies with respect to all forms and manifestations of spina bifida except spina bifida occulta.

‘‘§ 1803. Health care

‘‘(a) In accordance with regulations which the Secretary shall

prescribe, the Secretary shall provide a child of a Vietnam veteran

who is suffering from spina bifida with such health care as the

Secretary determines is needed by the child for the spina bifida

or any disability that is associated with such condition.

Regulations.

38 USC 1801

note.
110 STAT. 2924 PUBLIC LAW 104–204—SEPT. 26, 1996

‘‘(b) The Secretary may provide health care under this section

directly or by contract or other arrangement with any health care

provider.

‘‘(c) For the purposes of this section—

‘‘(1) The term ‘health care’—

‘‘(A) means home care, hospital care, nursing home

care, outpatient care, preventive care, habilitative and

rehabilitative care, case management, and respite care;

and

‘‘(B) includes—

‘‘(i) the training of appropriate members of a child’s

family or household in the care of the child; and

‘‘(ii) the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from

approved sources of health care, and other materials

as the Secretary determines necessary.

‘‘(2) The term ‘health care provider’ includes specialized

spina bifida clinics, health care plans, insurers, organizations,

institutions, and any other entity or individual who furnishes

health care that the Secretary determines authorized under

this section.

‘‘(3) The term ‘home care’ means outpatient care,

habilitative and rehabilitative care, preventive health services,

and health-related services furnished to an individual in the

individual’s home or other place of residence.

‘‘(4) The term ‘hospital care’ means care and treatment

for a disability furnished to an individual who has been

admitted to a hospital as a patient.

‘‘(5) The term ‘nursing home care’ means care and treatment for a disability furnished to an individual who has been

admitted to a nursing home as a resident.

‘‘(6) The term ‘outpatient care’ means care and treatment

of a disability, and preventive health services, furnished to

an individual other than hospital care or nursing home care.

‘‘(7) The term ‘preventive care’ means care and treatment

furnished to prevent disability or illness, including periodic

examinations, immunizations, patient health education, and

such other services as the Secretary determines necessary to

provide effective and economical preventive health care.

‘‘(8) The term ‘habilitative and rehabilitative care’ means

such professional, counseling, and guidance services and treatment programs (other than vocational training under section

1804 of this title) as are necessary to develop, maintain, or

restore, to the maximum extent practicable, the functioning

of a disabled person.

‘‘(9) The term ‘respite care’ means care furnished on an

intermittent basis for a limited period to an individual who

resides primarily in a private residence when such care will

help the individual to continue residing in such private residence.

‘‘§ 1804. Vocational training and rehabilitation

‘‘(a) Pursuant to such regulations as the Secretary may prescribe, the Secretary may provide vocational training under this

section to a child of a Vietnam veteran who is suffering from
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2925

spina bifida if the Secretary determines that the achievement of

a vocational goal by such child is reasonably feasible.

‘‘(b) Any program of vocational training for a child under this

section shall be designed in consultation with the child in order

to meet the child’s individual needs and shall be set forth in

an individualized written plan of vocational rehabilitation.

‘‘(c)(1) A vocational training program for a child under this

section—

‘‘(A) shall consist of such vocationally oriented services

and assistance, including such placement and post-placement

services and personal and work adjustment training, as the

Secretary determines are necessary to enable the child to prepare for and participate in vocational training or employment;

and

‘‘(B) may include a program of education at an institution

of higher education if the Secretary determines that the program of education is predominantly vocational in content.

‘‘(2) A vocational training program under this subsection may

not include the provision of any loan or subsistence allowance

or any automobile adaptive equipment.

‘‘(d)(1) Except as provided in paragraph (2) and subject to

subsection (e)(2), a vocational training program under this section

may not exceed 24 months.

‘‘(2) The Secretary may grant an extension of a vocational

training program for a child under this section for up to 24 additional months if the Secretary determines that the extension is

necessary in order for the child to achieve a vocational goal identified (before the end of the first 24 months of such program) in

the written plan of vocational rehabilitation formulated for the

child pursuant to subsection (b).

‘‘(e)(1) A child who is pursuing a program of vocational training

under this section and is also eligible for assistance under a program

under chapter 35 of this title may not receive assistance under

both such programs concurrently. The child shall elect (in such

form and manner as the Secretary may prescribe) the program

under which the child is to receive assistance.

‘‘(2) The aggregate period for which a child may receive assistance under this section and chapter 35 of this title may not exceed

48 months (or the part-time equivalent thereof).

‘‘§ 1805. Monetary allowance

‘‘(a) The Secretary shall pay a monthly allowance under this

chapter to any child of a Vietnam veteran for any disability resulting

from spina bifida suffered by such child.

‘‘(b)(1) The amount of the allowance paid to a child under

this section shall be based on the degree of disability suffered

by the child, as determined in accordance with such schedule for

rating disabilities resulting from spina bifida as the Secretary may

prescribe.

‘‘(2) The Secretary shall, in prescribing the rating schedule

for the purposes of this section, establish three levels of disability

upon which the amount of the allowance provided by this section

shall be based.

‘‘(3) The amounts of the allowance shall be $200 per month

for the lowest level of disability prescribed, $700 per month for

the intermediate level of disability prescribed, and $1,200 per month
110 STAT. 2926 PUBLIC LAW 104–204—SEPT. 26, 1996

for the highest level of disability prescribed. Such amounts are

subject to adjustment under section 5312 of this title.

‘‘(c) Notwithstanding any other provision of law, receipt by

a child of an allowance under this section shall not impair, infringe,

or otherwise affect the right of the child to receive any other

benefit to which the child may otherwise be entitled under any

law administered by the Secretary, nor shall receipt of such an

allowance impair, infringe, or otherwise affect the right of any

individual to receive any benefit to which the individual is entitled

under any law administered by the Secretary that is based on

the child’s relationship to the individual.

‘‘(d) Notwithstanding any other provision of law, the allowance

paid to a child under this section shall not be considered income

or resources in determining eligibility for or the amount of benefits

under any Federal or federally assisted program.

‘‘§ 1806. Effective date of awards

‘‘The effective date for an award of benefits under this chapter

shall be fixed in accordance with the facts found, but shall not

be earlier than the date of receipt of application for the benefits.’’.

(2) The tables of chapters before part I and at the beginning

of part II of such title are each amended by inserting after the

item referring to chapter 17 the following new item:

‘‘18. Benefits for Children of Vietnam Veterans Who Are Born With

Spina Bifida ........................................................................................... 1801’’.

(c) Section 5312 of title 38, United States Code, is amended—

(1) in subsection (a)—

(A) by striking out ‘‘and the rate of increased pension’’

and inserting in lieu thereof ‘‘, the rate of increased pension’’; and

(B) by inserting after ‘‘on account of children,’’ the

following: ‘‘and each rate of monthly allowance paid under

section 1805 of this title,’’; and

(2) in subsection (c)(1), by striking out ‘‘and 1542’’ and

inserting in lieu thereof ‘‘1542, and 1805’’.

(d) This section and the amendments made by this section

shall take effect on January 1, 1997.

SEC. 422. (a) Section 1151 of title 38, United States Code,

is amended—

(1) by striking out the first sentence and inserting in lieu

thereof the following:

‘‘(a) Compensation under this chapter and dependency and

indemnity compensation under chapter 13 of this title shall be

awarded for a qualifying additional disability or a qualifying death

of a veteran in the same manner as if such additional disability

or death were service-connected. For purposes of this section, a

disability or death is a qualifying additional disability or qualifying

death if the disability or death was not the result of the veteran’s

willful misconduct and—

‘‘(1) the disability or death was caused by hospital care,

medical or surgical treatment, or examination furnished the

veteran under any law administered by the Secretary, either

by a Department employee or in a Department facility as

defined in section 1701(3)(A) of this title, and the proximate

cause of the disability or death was—

‘‘(A) carelessness, negligence, lack of proper skill, error

in judgment, or similar instance of fault on the part of

Effective date.

38 USC 1801

note.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2927

the Department in furnishing the hospital care, medical

or surgical treatment, or examination; or

‘‘(B) an event not reasonably foreseeable; or

‘‘(2) the disability or death was proximately caused by

the provision of training and rehabilitation services by the

Secretary (including by a service-provider used by the Secretary

for such purpose under section 3115 of this title) as part of

an approved rehabilitation program under chapter 31 of this

title.’’; and

(2) in the second sentence—

(A) by redesignating that sentence as subsection (b);

(B) by striking out ‘‘, aggravation,’’ both places it

appears; and

(C) by striking out ‘‘sentence’’ and substituting in lieu

thereof ‘‘subsection’’.

(b)(1) The amendments made by subsection (a) shall take effect

on October 1, 1996.

(2) Section 1151 of title 38, United States Code (as amended

by subsection (a)), shall govern all administrative and judicial determinations of eligibility for benefits under such section that are

made with respect to claims filed on or after the effective date

set forth in paragraph (1), including those based on original applications and applications seeking to reopen, revise, reconsider, or otherwise readjudicate on any basis claims for benefits under such section

1151 or any provision of law that is a predecessor of such section.

(c) Nothwithstanding subsection (b)(1), section 421(d), or any

other provision of this Act, section 421 and this section shall not

take effect until October 1, 1997, unless legislation other than

this Act is enacted to provide for an earlier effective date.

SEC. 423. The amount provided in title I for ‘‘Veterans Health

Administration—Medical Care’’ is hereby increased by $5,000,000.

SEC. 424. FHA MORTGAGE INSURANCE PREMIUMS.—Section

203(c)(2)(A) of the National Housing Act (12 U.S.C. 1709(c)(2)(A))

is amended by inserting after the first sentence the following new

sentence: ‘‘In the case of a mortgage for which the mortgagor

is a first-time homebuyer who completes a program of counseling

with respect to the responsibilities and financial management

involved in homeownership that is approved by the Secretary, the

premium payment under this subparagraph shall not exceed 2.0

percent of the amount of the original insured principal obligation

of the mortgage.’’.

SEC. 425. (a) AUTHORITY TO USE AMOUNTS BORROWED FROM

FAMILY MEMBERS FOR DOWNPAYMENTS ON FHA-INSURED LOANS.—

Section 203(b)(9) of the National Housing Act (12 U.S.C. 1709(b)(9))

is amended by inserting before the period at the end the following:

‘‘: Provided further, That for purposes of this paragraph, the Secretary shall consider as cash or its equivalent any amounts borrowed from a family member (as such term is defined in section

201), subject only to the requirements that, in any case in which

the repayment of such borrowed amounts is secured by a lien

against the property, such lien shall be subordinate to the mortgage

and the sum of the principal obligation of the mortgage and the

obligation secured by such lien may not exceed 100 percent of

the appraised value of the property plus any initial service charges,

appraisal, inspection, and other fees in connection with the mortgage’’.

38 USC 1151

note.

Effective date.

38 USC 1151

note.
110 STAT. 2928 PUBLIC LAW 104–204—SEPT. 26, 1996

(b) DEFINITION OF FAMILY MEMBER.—Section 201 of the

National Housing Act (12 U.S.C. 1707) is amended by adding at

the end the following new subsections:

‘‘(e) The term ‘family member’ means, with respect to a mortgagor under such section, a child, parent, or grandparent of the

mortgagor (or the mortgagor’s spouse). In determining whether

any of the relationships referred to in the preceding sentence exist,

a legally adopted son or daughter of an individual (and a child

who is a member of an individual’s household, if placed with such

individual by an authorized placement agency for legal adoption

by such individual), and a foster child of an individual, shall be

treated as a child of such individual by blood.

‘‘(f) The term ‘child’ means, with respect to a mortgagor under

such section, a son, stepson, daughter, or stepdaughter of such

mortgagor.’’.

SEC. 426. CALCULATION OF DOWNPAYMENT.—Section 203(b) of

the National Housing Act (12 U.S.C. 1709(b)) is amended by adding

at the end the following new paragraph:

‘‘(10) ALASKA AND HAWAII.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of this subsection, with respect to a mortgage

originated in the State of Alaska or the State of Hawaii

and endorsed for insurance in fiscal year 1997, involving

a principal obligation not in excess of the sum of—

‘‘(i) the amount of the mortgage insurance premium paid at the time the mortgage is insured; and

‘‘(ii)(I) in the case of a mortgage for a property

with an appraised value equal to or less than $50,000,

98.75 percent of the appraised value of the property;

‘‘(II) in the case of a mortgage for a property with

an appraised value in excess of $50,000 but not in

excess of $125,000, 97.65 percent of the appraised value

of the property;

‘‘(III) in the case of a mortgage for a property

with an appraised value in excess of $125,000, 97.15

percent of the appraised value of the property; or

‘‘(IV) notwithstanding subclauses (II) and (III), in

the case of a mortgage for a property with an appraised

value in excess of $50,000 that is located in an area

of the State for which the average closing cost exceeds

2.10 percent of the average, for the State, of the sale

price of properties located in the State for which mortgages have been executed, 97.75 percent of the

appraised value of the property.

‘‘(B) AVERAGE CLOSING COST.—For purposes of this

paragraph, the term ‘average closing cost’ means, with

respect to a State, the average, for mortgages executed

for properties that are located within the State, of the

total amounts (as determined by the Secretary) of initial

service charges, appraisal, inspection, and other fees (as

the Secretary shall approve) that are paid in connection

with such mortgages.’’.

SEC. 427. DELEGATION OF SINGLE FAMILY MORTGAGE INSURING

AUTHORITY TO DIRECT ENDORSEMENT MORTGAGEES.—Title II of the

National Housing Act (12 U.S.C. 1707 et seq.) is amended by

adding at the end the following new section:
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2929

‘‘DELEGATION OF INSURING AUTHORITY TO DIRECT ENDORSEMENT

MORTGAGEES

‘‘SEC. 256.(a) AUTHORITY.—The Secretary may delegate, to one

or more mortgagees approved by the Secretary under the direct

endorsement program, the authority of the Secretary under this

Act to insure mortgages involving property upon which there is

located a dwelling designed principally for occupancy by 1 to 4

families.

‘‘(b) CONSIDERATIONS.—In determining whether to delegate

authority to a mortgagee under this section, the Secretary shall

consider the experience and performance of the mortgagee compared

to the default rate of all insured mortgages in comparable markets,

and such other factors as the Secretary determines appropriate

to minimize risk of loss to the insurance funds under this Act.

‘‘(c) ENFORCEMENT OF INSURANCE REQUIREMENTS.—

‘‘(1) IN GENERAL.—If the Secretary determines that a mortgage insured by a mortgagee pursuant to delegation of authority

under this section was not originated in accordance with the

requirements established by the Secretary, and the Secretary

pays an insurance claim with respect to the mortgage within

a reasonable period specified by the Secretary, the Secretary

may require the mortgagee approved under this section to

indemnify the Secretary for the loss.

‘‘(2) FRAUD OR MISREPRESENTATION.—If fraud or misrepresentation was involved in connection with the origination, the

Secretary may require the mortgagee approved under this section to indemnify the Secretary for the loss regardless of when

an insurance claim is paid.

‘‘(d) TERMINATION OF MORTGAGEE’S AUTHORITY.—If a mortgagee

to which the Secretary has made a delegation under this section

violates the requirements and procedures established by the Secretary or the Secretary determines that other good cause exists,

the Secretary may cancel a delegation of authority under this section to the mortgagee by giving notice to the mortgagee. Such

a cancellation shall be effective upon receipt of the notice by the

mortgagee or at a later date specified by the Secretary. A decision

by the Secretary to cancel a delegation shall be final and conclusive

and shall not be subject to judicial review.

‘‘(e) REQUIREMENTS AND PROCEDURES.—Before approving a

delegation under this section, the Secretary shall issue regulations

establishing appropriate requirements and procedures, including

requirements and procedures governing the indemnification of the

Secretary by the mortgagee.’’.

SEC. 428. IMPLEMENTATION OF COMPREHENSIVE CONSERVATION

AND MANAGEMENT PLANS.—Notwithstanding section 320(g) of the

Federal Water Pollution Control Act (33 U.S.C. 1330(g)), funds

made available pursuant to authorization under such section for

fiscal year 1997 and prior fiscal years may be used for implementing

comprehensive conservation and management plans.

SEC. 429. (a) PLAN.—(1) The Secretary of Veterans Affairs

shall develop a plan for the allocation of health care resources

(including personnel and funds) of the Department of Veterans

Affairs among the health care Networks of the Department so

as to ensure that veterans who have similar economic status and

eligibility priority and who are eligible for medical care have similar

Regulations.

12 USC 1715z–

21.
110 STAT. 2930 PUBLIC LAW 104–204—SEPT. 26, 1996

access to such care regardless of the region of the United States

in which such veterans reside.

(2) The plan shall—

(A) reflect, to the maximum extent possible, the Veterans

Integrated Service Network developed by the Department to

account for forecasts in expected workload and to ensure fairness to facilities that provide cost-efficient health care; and

(B) include—

(i) procedures to identify reasons for variations in

operating costs among similar facilities where Network

allocations are based on similar unit costs for similar services and workload;

(ii) ways to improve the allocation of resources so as

to promote efficient use of resources and provision of quality

health care;

(iii) adjustments to unit costs in subsection (a) to reflect

factors which directly influence the cost of health care

delivery within each Network and where such factors are

not under the control of Network or Department management; and

(iv) include forecasts in expected workload and consideration of the demand for Veterans Administration health

care that may not be reflected in current workload projections.

(3) The Secretary shall prepare the plan in consultation with

the Under Secretary of Health of the Department of Veterans

Affairs.

(b) PLAN ELEMENTS.—The plan under subsection (a) shall

set forth—

(1) milestones for achieving the goal referred to in paragraph (1) of that subsection; and

(2) a means of evaluating the success of the Secretary

in meeting the goal.

(c) SUBMITTAL TO CONGRESS.—The Secretary shall submit to

Congress the plan developed under subsection (a) not later than

180 days after the date of the enactment of this Act.

(d) IMPLEMENTATION.—The Secretary shall implement the plan

developed under subsection (a) not later than 60 days after submitting the plan to Congress under subsection (c), unless within that

time the Secretary notifies Congress that the plan will not be

implemented in that time and includes with the notification an

explanation why the plan will not be implemented in that time.

SEC. 430. GAO AUDIT ON STAFFING AND CONTRACTING.—The

Comptroller General shall audit the operations of the Office of

Federal Housing Enterprise Oversight concerning staff organization,

expertise, capacity, and contracting authority to ensure that the

office resources and contract authority are adequate and that they

are being used appropriately to ensure that the Federal National

Mortgage Association and the Federal Home Loan Mortgage Corporation are adequately capitalized and operating safely.

SEC. 431. None of the funds appropriated or otherwise made

available to the National Aeronautics and Space Administration

by this Act, or any other Act enacted before the date of enactment

of this Act, may be used by the Administrator of the National

Aeronautics and Space Administration to relocate aircraft of the

National Aeronautics and Space Administration based east of the

Notification.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2931

Mississippi River to the Dryden Flight Research Center in

California for the purpose of the consolidation of such aircraft.

SEC. 432. TO PROMOTE AND SUPPORT MANAGEMENT

REORGANIZATION OF THE NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION.—(a) SHORT TITLE.—This section may be cited as

the ‘‘National Aeronautics and Space Administration Federal

Employment Reduction Assistance Act of 1996.’’.

(b) DEFINITIONS.—For the purpose of this section—

(1) the term ‘‘Administrator’’ means the Administrator of

the National Aeronautics and Space Administration; and

(2) the term ‘‘employee’’ means an employee of the National

Aeronautics and Space Administration serving under an

appointment without time limitation, who has been currently

employed with NASA for a continuous period of at least twelve

months, except that such term does not include—

(A) a reemployed annuitant under subchapter III of

chapter 83 or chapter 84 of title 5, United States Code,

or another retirement system for employees of the

Government;

(B) an employee who is in receipt of a specific notice

of involuntary separation for misconduct or unacceptable

performance;

(C) an employee who, upon completing an additional

period of service as referred to in section 3(b)(2)(B)(ii) of

the Federal Workforce Restructuring Act of 1994 (Public

Law 103–226; 108 Stat. 111), would qualify for a voluntary

separation incentive payment under section 3 of such

Act; or

(D) an employee who has previously received any voluntary separation incentive payment by the Federal

Government under this Act or any other authority and

has not repaid such payment.

(c) INCENTIVE PAYMENT PROGRAM.—In order to avoid or minimize the need for involuntary separations due to a reduction in

force, installation closure, reorganization, transfer of function, or

other similar action affecting the National Aeronautics and Space

Administration, the Administrator shall establish a program under

which separation pay, subject to the availability of appropriated

funds, may be offered to encourage eligible employees to separate

from service voluntarily (whether by retirement or resignation).

(d) INCENTIVE PAYMENTS.—In order to receive a voluntary separation incentive payment, an employee must separate voluntarily

(whether by retirement or resignation) during the period of time

for which the payment of incentives has been authorized for the

employee under the agency plan. Such separation payments—

(1) shall be paid in a lump sum after the employee’s separation, and

(2) shall be equal to the lesser of—

(A) an amount equal to the amount the employee would

be entitled to receive under section 5595(c) of title 5, United

States Code, if the employee were entitled to payment

under such section; or

(B) an amount that shall not exceed $25,000;

(3) shall not be a basis for payment, and shall not be

included in the computation, of any other type of Government

benefit;

National

Aeronautics and

Space

Administration

Federal

Employment

Reduction

Assistance Act of

1996.

5 USC 5597 note.
110 STAT. 2932 PUBLIC LAW 104–204—SEPT. 26, 1996

(4) shall not be taken into account for purposes of determining the amount of any severance pay to which an individual

may be entitled under section 5595 of title 5, United States

Code, based on any other separation;

(5) shall be considered payment for a voluntary separation; and

(6) shall be paid from the appropriations or funds available

for payment of the basic pay of the employee.

(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE

GOVERNMENT.—

(1) An individual who has received a voluntary separation

incentive payment under this section and accepts any employment with the Government of the United States within five

years after the date of the separation on which the payment

is based shall be required to repay, prior to the individual’s

first day of employment, the entire amount of the incentive

payment to NASA.

(2) If the employment under paragraph (1) above is with

an executive agency (as defined by section 105 of title 5, United

States Code), the United States Postal Service, or the Postal

Rate Commission, the Director of the Office of Personnel

Management may, at the request of the head of the agency,

waive the repayment if the individual involved possesses unique

abilities and is the only qualified applicant available for the

position.

(3) If the employment under paragraph (1) above is with

an entity in the legislative branch, the head of the entity

or the appointing official may waive the repayment if the

individual involved possesses unique abilities and is the only

qualified applicant available for the position.

(4) If the employment under paragraph (1) above is with

the judicial branch, the Director of the Administrative Office

of the United States Courts may waive the repayment if the

individual involved possesses unique abilities and is the only

qualified applicant available for the position.

(5) For the purpose of this section, the term

‘‘employment’’—

(A) includes employment of any length or under any

type of appointment, but does not include employment

that is without compensation; and

(B) includes employment under a personal services

contract.

(f) EFFECT OF SUBSEQUENT DISABILITY RETIREMENT.—An

employee who has received an incentive payment is ineligible to

receive an annuity for reasons of disability under applicable regulations, unless the incentive payment is repaid.

(g) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT

FUND.—

(1) In addition to any other payments which it is required

to make under subchapter III of chapter 83 or chapter 84

of title 5, United States Code, NASA shall remit to the Office

of Personnel Management for deposit in the Treasury of the

United States to the credit of the Civil Service Retirement

and Disability Fund an amount equal to 15 percent of the

final basic pay of each employee who is covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom

a voluntary separation incentive has been paid under this Act.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2933

(2) For the purpose of this section, the term ‘‘final basic

pay’’, with respect to an employee, means the total amount

of basic pay which would be payable for a year of service

by such employee, computed using the employee’s final rate

of basic pay, and, if last serving on other than a full-time

basis, with appropriate adjustment therefor.

(h) REDUCTION OF AGENCY EMPLOYMENT LEVELS.—

(1) Total full-time-equivalent employment in NASA shall

be reduced by one for each separation of an employee who

receives a voluntary separation incentive payment under this

Act. The reduction will be calculated by comparing the agency’s

full-time-equivalent employment for the fiscal year in which

the voluntary separation payments are made with the authorized full-time-equivalent employment for the prior fiscal year.

(2) The Office of Management and Budget shall monitor

and take appropriate action necessary to ensure that the

requirements of this section are met.

(3) The President shall take appropriate action to ensure

that functions involving more than 10 full time equivalent

employees are not converted to contracts by reason of the

enactment of this section, except in cases in which a cost

comparison demonstrates such contracts would be to the advantage of the Government.

(4) The provisions of subsections (1) and (3) of this section

may be waived upon a determination by the President that—

(A) the existence of a state of war or other national

emergency so requires; or

(B) the existence of an extraordinary emergency which

threatens life, health, safety, property, or the environment

so requires.

(i) REPORTS.—No later than March 31 of each fiscal year, NASA

shall submit to the Office of Personnel Management, who will

subsequently report to the Committee on Governmental Affairs

of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a report which, with respect

to the preceding fiscal year, shall include—

(1) the number of employees who received voluntary separation incentives;

(2) the average amount of such incentives; and

(3) the average grade or pay level of the employees who

received incentives.

(j) EFFECTIVE DATE.—

(1) The provisions of this section shall take effect on the

date of enactment of this Act.

(2) No voluntary separation incentive under this section

may be paid based on the separation of an employee after

September 30, 2000.

SEC. 433. (a) Subject to the concurrence of the Administrator

of the General Services Administration (GSA) and notwithstanding

section 707 of Public Law 103–433, the Administrator of the

National Aeronautics and Space Administration may convey to the

city of Downey, California, all right, title, and interest of the United

States in and to a parcel of real property, including improvements

thereon, consisting of approximately 60 acres and known as Parcels

III, IV, V, and VI of the NASA Industrial Plant, Downey, California.

(b)(1) DELAY IN PAYMENT OF CONSIDERATION.—After the end

of the 20-year period beginning on the date on which the conveyance

President.
110 STAT. 2934 PUBLIC LAW 104–204—SEPT. 26, 1996

under subsection (a) is completed, the City of Downey shall pay

to the United States an amount equal to fair market value of

the conveyed property as of the date of the Federal conveyance.

(2) EFFECT OF RECONVEYANCE BY THE CITY.—If the City of

Downey reconveys all or any part of the conveyed property during

such 20-year period, the City shall pay to the United States an

amount equal to the fair market value of the reconveyed property

as of the time of the reconveyance, excluding the value of any

improvements made to the property by the City.

(3) DETERMINATION OF FAIR MARKET VALUE.—The Administrator of GSA shall determine fair market value in accordance

with Federal appraisal standards and procedures.

(4) TREATMENT OF LEASES.—The Administrator of GSA may

treat a lease of the property within such 20-year period as a

reconveyance if the Administrator determines that the lease is

being used to avoid application of paragraph (b)(2).

(5) DEPOSIT OF PROCEEDS.—The Administrator of GSA shall

deposit any proceeds received under this subsection in the special

account established pursuant to section 204(h)(2) of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

485(h)(2)).

(c) The exact acreage and legal description of the real property

to be conveyed under subsection (a) shall be determined by

a survey satisfactory to the Administrator of GSA. The cost of

the survey shall be borne by the City of Downey, California.

(d) The Administrator of GSA may require such additional

terms and conditions in connection with the conveyance under

subsection (a) as the Administrator of GSA considers appropriate

to protect the interests of the United States.

(e) If the City at any time after the conveyance of the property

under subsection (a) notifies the Administrator of GSA that the

City no longer wishes to retain the property, it may convey the

property under the terms of subsection (b), or, it may revert all

right, title, and interest in and to the property (including any

facilities, equipment, or fixtures conveyed, but excluding the value

of any improvements made to the property by the City) to the

United States, and the United States shall have the right of immediate entry onto the property.

TITLE V—SUPPLEMENTAL

DEPARTMENT OF VETERANS AFFAIRS

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

For an additional amount for ‘‘Compensation and Pensions’’,

$100,000,000, to be made available upon enactment of this Act,

to remain available until expended.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2935

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

During fiscal year 1996 and in addition to commitments previously provided, additional commitments to issue guarantees to

carry out section 306 of the National Housing Act, as amended

(12 U.S.C. 1721(g)), shall not exceed $20,000,000,000.

TITLE VI—NEWBORNS’ AND MOTHERS’ HEALTH

PROTECTION ACT OF 1996

SEC. 601. SHORT TITLE.—This title may be cited as the

‘‘Newborns’ and Mothers’ Health Protection Act of 1996’’.

SEC. 602. FINDINGS.—Congress finds that—

(1) the length of post-delivery hospital stay should be based

on the unique characteristics of each mother and her newborn

child, taking into consideration the health of the mother, the

health and stability of the newborn, the ability and confidence

of the mother and the father to care for their newborn, the

adequacy of support systems at home, and the access of the

mother and her newborn to appropriate follow-up health care;

and

(2) the timing of the discharge of a mother and her newborn

child from the hospital should be made by the attending provider in consultation with the mother.

SEC. 603. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME

SECURITY ACT OF 1974.—(a) IN GENERAL.—Part 7 of subtitle B

of title I of the Employee Retirement Income Security Act of 1974

(added by section 101(a) of the Health Insurance Portability and

Accountability Act of 1996) is amended—

(1) by amending the heading of the part to read as follows:

‘‘PART 7—GROUP HEALTH PLAN REQUIREMENTS’’;

(2) by inserting after the part heading the following:

‘‘SUBPART A—REQUIREMENTS RELATING TO PORTABILITY, ACCESS, AND RENEWABILITY’’;

(3) by redesignating sections 704 through 707 as sections

731 through 734, respectively;

(4) by inserting before section 731 (as so redesignated)

the following new heading:

‘‘SUBPART C—GENERAL PROVISIONS’’;

and

(5) by inserting after section 703 the following new subpart:

‘‘SUBPART B—OTHER REQUIREMENTS

‘‘SEC. 711. STANDARDS RELATING TO BENEFITS FOR MOTHERS AND

NEWBORNS.

‘‘(a) REQUIREMENTS FOR MINIMUM HOSPITAL STAY FOLLOWING

BIRTH.—

29 USC 1185.

29 USC 1191–

1191c.

Ante, p. 1939.

42 USC 300gg–4

note.

42 USC 201 note.

Newborns’ and

Mothers’ Health

Protection Act of

1996.
110 STAT. 2936 PUBLIC LAW 104–204—SEPT. 26, 1996

‘‘(1) IN GENERAL.—A group health plan, and a health insurance issuer offering group health insurance coverage, may not—

‘‘(A) except as provided in paragraph (2)—

‘‘(i) restrict benefits for any hospital length of stay

in connection with childbirth for the mother or newborn

child, following a normal vaginal delivery, to less than

48 hours, or

‘‘(ii) restrict benefits for any hospital length of

stay in connection with childbirth for the mother or

newborn child, following a cesarean section, to less

than 96 hours; or

‘‘(B) require that a provider obtain authorization from

the plan or the issuer for prescribing any length of stay

required under subparagraph (A) (without regard to paragraph (2)).

‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not apply in

connection with any group health plan or health insurance

issuer in any case in which the decision to discharge the mother

or her newborn child prior to the expiration of the minimum

length of stay otherwise required under paragraph (1)(A) is

made by an attending provider in consultation with the mother.

‘‘(b) PROHIBITIONS.—A group health plan, and a health insurance issuer offering group health insurance coverage in connection

with a group health plan, may not—

‘‘(1) deny to the mother or her newborn child eligibility,

or continued eligibility, to enroll or to renew coverage under

the terms of the plan, solely for the purpose of avoiding the

requirements of this section;

‘‘(2) provide monetary payments or rebates to mothers to

encourage such mothers to accept less than the minimum

protections available under this section;

‘‘(3) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided

care to an individual participant or beneficiary in accordance

with this section;

‘‘(4) provide incentives (monetary or otherwise) to an

attending provider to induce such provider to provide care

to an individual participant or beneficiary in a manner

inconsistent with this section; or

‘‘(5) subject to subsection (c)(3), restrict benefits for any

portion of a period within a hospital length of stay required

under subsection (a) in a manner which is less favorable than

the benefits provided for any preceding portion of such stay.

‘‘(c) RULES OF CONSTRUCTION.—

‘‘(1) Nothing in this section shall be construed to require

a mother who is a participant or beneficiary—

‘‘(A) to give birth in a hospital; or

‘‘(B) to stay in the hospital for a fixed period of time

following the birth of her child.

‘‘(2) This section shall not apply with respect to any group

health plan, or any group health insurance coverage offered

by a health insurance issuer, which does not provide benefits

for hospital lengths of stay in connection with childbirth for

a mother or her newborn child.

‘‘(3) Nothing in this section shall be construed as preventing

a group health plan or issuer from imposing deductibles,

coinsurance, or other cost-sharing in relation to benefits for
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2937

hospital lengths of stay in connection with childbirth for a

mother or newborn child under the plan (or under health insurance coverage offered in connection with a group health plan),

except that such coinsurance or other cost-sharing for any

portion of a period within a hospital length of stay required

under subsection (a) may not be greater than such coinsurance

or cost-sharing for any preceding portion of such stay.

‘‘(d) NOTICE UNDER GROUP HEALTH PLAN.—The imposition of

the requirements of this section shall be treated as a material

modification in the terms of the plan described in section 102(a)(1),

for purposes of assuring notice of such requirements under the

plan; except that the summary description required to be provided

under the last sentence of section 104(b)(1) with respect to such

modification shall be provided by not later than 60 days after

the first day of the first plan year in which such requirements

apply.

‘‘(e) LEVEL AND TYPE OF REIMBURSEMENTS.—Nothing in this

section shall be construed to prevent a group health plan or a

health insurance issuer offering group health insurance coverage

from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.

‘‘(f) PREEMPTION; EXCEPTION FOR HEALTH INSURANCE COVERAGE

IN CERTAIN STATES.—

‘‘(1) IN GENERAL.—The requirements of this section shall

not apply with respect to health insurance coverage if there

is a State law (as defined in section 731(d)(1)) for a State

that regulates such coverage that is described in any of the

following subparagraphs:

‘‘(A) Such State law requires such coverage to provide

for at least a 48-hour hospital length of stay following

a normal vaginal delivery and at least a 96-hour hospital

length of stay following a cesarean section.

‘‘(B) Such State law requires such coverage to provide

for maternity and pediatric care in accordance with guidelines established by the American College of Obstetricians

and Gynecologists, the American Academy of Pediatrics,

or other established professional medical associations.

‘‘(C) Such State law requires, in connection with such

coverage for maternity care, that the hospital length of

stay for such care is left to the decision of (or required

to be made by) the attending provider in consultation with

the mother.

‘‘(2) CONSTRUCTION.—Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).’’.

(b) CONFORMING AMENDMENTS.—

(1) Section 731(c) of such Act (as added by section 101

of the Health Insurance Portability and Accountability Act of

1996 and redesignated by the preceding provisions of this section) is amended by striking ‘‘Nothing’’ and inserting ‘‘Except

as provided in section 711, nothing’’.

(2) Section 732(a) of such Act (as added by section 101

of the Health Insurance Portability and Accountability Act of

1996 and redesignated by the preceding provisions of this section) is amended by inserting ‘‘(other than section 711)’’ after

‘‘part’’.

(3) Title I of such Act (as amended by section 101 of

the Health Insurance Portability and Accountability Act of 1996

29 USC 1191a.

29 USC 1191.
110 STAT. 2938 PUBLIC LAW 104–204—SEPT. 26, 1996

and the preceding provisions of this section) is further

amended—

(A) in the last sentence of section 4(b), by striking

‘‘section 706(b)(2)’’, ‘‘section 706(b)(1)’’, and ‘‘section

706(a)(1)’’ and inserting ‘‘section 733(b)(2)’’, ‘‘section

733(b)(1)’’, and ‘‘section 733(a)(1)’’, respectively;

(B) in section 101(g), by striking ‘‘section 706(a)(2)’’

and inserting ‘‘section 733(a)(2)’’;

(C) in section 102(b), by striking ‘‘section 706(a)(1)’’

each place it appears and inserting ‘‘section 733(a)(1), and

by striking ‘‘section 706(b)(2)’’ and inserting ‘‘section

733(b)(2)’’;

(D) in section 104(b)(1), by striking ‘‘section 706(a)(1)’’

each place it appears and inserting ‘‘section 733(a)(1)’’;

(E) in section 502(b)(3), by striking ‘‘section 706(a)(1)’’

and inserting ‘‘section 733(a)(1)’’;

(F) in section 506(c), by striking ‘‘section 706(a)(2)’’

and inserting ‘‘section 733(a)(2)’’;

(G) in section 514(b)(9), by striking ‘‘section 704’’ and

inserting ‘‘section 731’’;

(H) in the last sentence of section 701(c)(1), by striking

‘‘section 706(c)’’ and inserting ‘‘section 733(c)’’;

(I) in section 732(b), by striking ‘‘section 706(c)(1)’’

and inserting ‘‘section 733(c)(1)’’;

(J) in section 732(c)(1), by striking ‘‘section 706(c)(2)’’

and inserting ‘‘section 733(c)(2)’’;

(K) in section 732(c)(2), by striking ‘‘section 706(c)(3)’’

and inserting ‘‘section 733(c)(3)’’; and

(L) in section 732(c)(3), by striking ‘‘section 706(c)(4)’’

and inserting ‘‘section 733(c)(4)’’.

(4) The table of contents in section 1 of such Act is amended

by striking the items relating to part 7 and inserting the

following:

‘‘PART 7—GROUP HEALTH PLAN REQUIREMENTS

‘‘SUBPART A—REQUIREMENTS RELATING TO PORTABILITY, ACCESS, AND

RENEWABILITY

‘‘Sec. 701. Increased portability through limitation on preexisting condition exclusions.

‘‘Sec. 702. Prohibiting discrimination against individual participants and beneficiaries based on health status.

‘‘Sec. 703. Guaranteed renewability in multiemployer plans and multiple employer

welfare arrangements.

‘‘SUBPART B—OTHER REQUIREMENTS

‘‘Sec. 711. Standards relating to benefits for mothers and newborns.

‘‘SUBPART C—GENERAL PROVISIONS

‘‘Sec. 731. Preemption; State flexibility; construction.

‘‘Sec. 732. Special rules relating to group health plans.

‘‘Sec. 733. Definitions.

‘‘Sec. 734. Regulations.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to group health plans for plan years beginning on or after January 1, 1998.

SEC. 604. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT

RELATING TO THE GROUP MARKET.—(a) IN GENERAL.—Title XXVII

of the Public Health Service Act (as added by section 102 of the

Health Insurance Portability and Accountability Act of 1996) is

amended—

Ante, p. 1955.

Applicability.

29 USC 1191a.

29 USC 1181.

29 USC 1144.

29 USC 1136.

29 USC 1132.

29 USC 1024.

29 USC 1022.

29 USC 1021.

29 USC 1003.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2939

(1) by amending the title heading to read as follows:

‘‘TITLE XXVII—REQUIREMENTS RELATING TO HEALTH

INSURANCE COVERAGE’’;

(2) by redesignating subparts 2 and 3 of part A as subparts

3 and 4 of such part;

(3) by inserting after subpart 1 of part A the following

new subpart:

‘‘Subpart 2—Other Requirements

‘‘SEC. 2704. STANDARDS RELATING TO BENEFITS FOR MOTHERS AND

NEWBORNS.

‘‘(a) REQUIREMENTS FOR MINIMUM HOSPITAL STAY FOLLOWING

BIRTH.—

‘‘(1) IN GENERAL.—A group health plan, and a health insurance issuer offering group health insurance coverage, may not—

‘‘(A) except as provided in paragraph (2)—

‘‘(i) restrict benefits for any hospital length of stay

in connection with childbirth for the mother or newborn

child, following a normal vaginal delivery, to less than

48 hours, or

‘‘(ii) restrict benefits for any hospital length of

stay in connection with childbirth for the mother or

newborn child, following a cesarean section, to less

than 96 hours, or

‘‘(B) require that a provider obtain authorization from

the plan or the issuer for prescribing any length of stay

required under subparagraph (A) (without regard to paragraph (2)).

‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not apply in

connection with any group health plan or health insurance

issuer in any case in which the decision to discharge the mother

or her newborn child prior to the expiration of the minimum

length of stay otherwise required under paragraph (1)(A) is

made by an attending provider in consultation with the mother.

‘‘(b) PROHIBITIONS.—A group health plan, and a health insurance issuer offering group health insurance coverage in connection

with a group health plan, may not—

‘‘(1) deny to the mother or her newborn child eligibility,

or continued eligibility, to enroll or to renew coverage under

the terms of the plan, solely for the purpose of avoiding the

requirements of this section;

‘‘(2) provide monetary payments or rebates to mothers to

encourage such mothers to accept less than the minimum

protections available under this section;

‘‘(3) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided

care to an individual participant or beneficiary in accordance

with this section;

‘‘(4) provide incentives (monetary or otherwise) to an

attending provider to induce such provider to provide care

to an individual participant or beneficiary in a manner

inconsistent with this section; or

‘‘(5) subject to subsection (c)(3), restrict benefits for any

portion of a period within a hospital length of stay required

42 USC 300gg–4.
110 STAT. 2940 PUBLIC LAW 104–204—SEPT. 26, 1996

under subsection (a) in a manner which is less favorable than

the benefits provided for any preceding portion of such stay.

‘‘(c) RULES OF CONSTRUCTION.—

‘‘(1) Nothing in this section shall be construed to require

a mother who is a participant or beneficiary—

‘‘(A) to give birth in a hospital; or

‘‘(B) to stay in the hospital for a fixed period of time

following the birth of her child.

‘‘(2) This section shall not apply with respect to any group

health plan, or any group health insurance coverage offered

by a health insurance issuer, which does not provide benefits

for hospital lengths of stay in connection with childbirth for

a mother or her newborn child.

‘‘(3) Nothing in this section shall be construed as preventing

a group health plan or issuer from imposing deductibles,

coinsurance, or other cost-sharing in relation to benefits for

hospital lengths of stay in connection with childbirth for a

mother or newborn child under the plan (or under health insurance coverage offered in connection with a group health plan),

except that such coinsurance or other cost-sharing for any

portion of a period within a hospital length of stay required

under subsection (a) may not be greater than such coinsurance

or cost-sharing for any preceding portion of such stay.

‘‘(d) NOTICE.—A group health plan under this part shall comply

with the notice requirement under section 711(d) of the Employee

Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.

‘‘(e) LEVEL AND TYPE OF REIMBURSEMENTS.—Nothing in this

section shall be construed to prevent a group health plan or a

health insurance issuer offering group health insurance coverage

from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.

‘‘(f) PREEMPTION; EXCEPTION FOR HEALTH INSURANCE COVERAGE

IN CERTAIN STATES.—

‘‘(1) IN GENERAL.—The requirements of this section shall

not apply with respect to health insurance coverage if there

is a State law (as defined in section 2723(d)(1)) for a State

that regulates such coverage that is described in any of the

following subparagraphs:

‘‘(A) Such State law requires such coverage to provide

for at least a 48-hour hospital length of stay following

a normal vaginal delivery and at least a 96-hour hospital

length of stay following a cesarean section.

‘‘(B) Such State law requires such coverage to provide

for maternity and pediatric care in accordance with guidelines established by the American College of Obstetricians

and Gynecologists, the American Academy of Pediatrics,

or other established professional medical associations.

‘‘(C) Such State law requires, in connection with such

coverage for maternity care, that the hospital length of

stay for such care is left to the decision of (or required

to be made by) the attending provider in consultation with

the mother.

‘‘(2) CONSTRUCTION.—Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).’’.

(b) CONFORMING AMENDMENTS.—
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2941

(1) Section 2721 of such Act (as added by section 102

of the Health Insurance Portability and Accountability Act of

1996) is amended—

(A) in subsection (a), by striking ‘‘subparts 1 and 2’’

and inserting ‘‘subparts 1 and 3’’, and

(B) in subsections (b) through (d), by striking ‘‘subparts

1 and 2’’ each place it appears and inserting ‘‘subparts

1 through 3’’.

(2) Section 2723(c) of such Act (as added by section 102

of the Health Insurance Portability and Accountability Act of

1996) is amended by inserting ‘‘(other than section 2704)’’ after

‘‘part’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to group health plans for plan years beginning on or after January 1, 1998.

SEC. 605. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT

RELATING TO THE INDIVIDUAL MARKET.—(a) IN GENERAL.—Part B

of title XXVII of the Public Health Service Act (as added by section

111 of the Health Insurance Portability and Accountability Act

of 1996) is amended—

(1) by inserting after the part heading the following:

‘‘Subpart 1—Portability, Access, and Renewability Requirements’’;

(2) by redesignating sections 2745, 2746, and 2747 as sections 2761, 2762, and 2763, respectively;

(3) by inserting before section 2761 (as so redesignated)

the following:

‘‘Subpart 3—General Provisions’’; and

(4) by inserting after section 2744 the following:

‘‘Subpart 3—Other Requirements

‘‘SEC. 2751. STANDARDS RELATING TO BENEFITS FOR MOTHERS AND

NEWBORNS.

‘‘(a) IN GENERAL.—The provisions of section 2704 (other than

subsections (d) and (f)) shall apply to health insurance coverage

offered by a health insurance issuer in the individual market in

the same manner as it applies to health insurance coverage offered

by a health insurance issuer in connection with a group health

plan in the small or large group market.

‘‘(b) NOTICE REQUIREMENT.—A health insurance issuer under

this part shall comply with the notice requirement under section

711(d) of the Employee Retirement Income Security Act of 1974

with respect to the requirements referred to in subsection (a) as

if such section applied to such issuer and such issuer were a

group health plan.

‘‘(c) PREEMPTION; EXCEPTION FOR HEALTH INSURANCE

COVERAGE IN CERTAIN STATES.—

‘‘(1) IN GENERAL.—The requirements of this section shall

not apply with respect to health insurance coverage if there

is a State law (as defined in section 2723(d)(1)) for a State

that regulates such coverage that is described in any of the

following subparagraphs:

42 USC 300gg–

51.

42 USC 300gg–

61—300gg–63.

Ante, p. 1978.

42 USC 300gg–4

note.

Ante, p. 1971.

Ante, p. 1967.
110 STAT. 2942 PUBLIC LAW 104–204—SEPT. 26, 1996

‘‘(A) Such State law requires such coverage to provide

for at least a 48-hour hospital length of stay following

a normal vaginal delivery and at least a 96-hour hospital

length of stay following a cesarean section.

‘‘(B) Such State law requires such coverage to provide

for maternity and pediatric care in accordance with guidelines established by the American College of Obstetricians

and Gynecologists, the American Academy of Pediatrics,

or other established professional medical associations.

‘‘(C) Such State law requires, in connection with such

coverage for maternity care, that the hospital length of

stay for such care is left to the decision of (or required

to be made by) the attending provider in consultation with

the mother.

‘‘(2) CONSTRUCTION.—Section 2762(a) shall not be construed

as superseding a State law described in paragraph (1).’’.

(b) CONFORMING AMENDMENTS.—Such part (as so added) is

further amended as follows:

(1) In section 2744(a)(1), strike ‘‘2746(b)’’ and insert

‘‘2762(b)’’.

(2) In section 2745(a)(1) (before redesignation under subsection (a)(1)), strike ‘‘2746’’ and insert ‘‘2762’’.

(3) In section 2746(b) (before redesignation under subsection (a)(1))—

(A) by inserting ‘‘(1)’’ after the dash, and

(B) by adding at the end the following:

‘‘(2) Nothing in this part (other than section 2751) shall be

construed as requiring health insurance coverage offered in the

individual market to provide specific benefits under the terms of

such coverage.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to health insurance coverage offered, sold,

issued, renewed, in effect, or operated in the individual market

on or after January 1, 1998.

SEC. 606. REPORTS TO CONGRESS CONCERNING CHILDBIRTH.—

(a) FINDINGS.—Congress finds that—

(1) childbirth is one part of a continuum of experience

that includes prepregnancy, pregnancy and prenatal care, labor

and delivery, the immediate postpartum period, and a longer

period of adjustment for the newborn, the mother, and the

family;

(2) health care practices across this continuum are changing in response to health care financing and delivery system

changes, science and clinical research, and patient preferences;

and

(3) there is a need—

(A) to examine the issues and consequences associated

with the length of hospital stays following childbirth;

(B) to examine the follow-up practices for mothers and

newborns used in conjunction with shorter hospital stays;

(C) to identify appropriate health care practices and

procedures with regard to the hospital discharge of

newborns and mothers;

(D) to examine the extent to which such care is affected

by family and environmental factors; and

(E) to examine the content of care during hospital

stays following childbirth.

42 USC 300gg–4

note.

Applicability.

42 USC 300gg–

44 note.

42 USC 300gg–

62.

42 USC 300gg–

61.

42 USC 300gg–

44.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2943

(b) ADVISORY PANEL.— (1) IN GENERAL.—Not later than 90 days after the date

of enactment of this Act, the Secretary of Health and Human

Services (in this section referred to as the ‘‘Secretary’’) shall

establish an advisory panel (referred to in this section as the

‘‘advisory panel’’)—

(A) to guide and review methods, procedures, and data

collection necessary to conduct the study described in subsection (c) in a manner that is intended to enhance the

quality, safety, and effectiveness of health care services

provided to mothers and newborns;

(B) to develop a consensus among the members of

the advisory panel regarding the appropriateness of the

specific requirements of this title; and

(C) to prepare and submit to the Secretary, as part

of the report of the Secretary submitted under subsection

(d), a report summarizing the consensus (if any) developed

under subparagraph (B) or the reasons for not reaching

such a consensus.

(2) PARTICIPATION.—

(A) DEPARTMENT REPRESENTATIVES.—The Secretary

shall ensure that representatives from within the Department of Health and Human Services that have expertise

in the area of maternal and child health or in outcomes

research are appointed to the advisory panel.

(B) REPRESENTATIVES OF PUBLIC AND PRIVATE SECTOR

ENTITIES.—

(i) IN GENERAL.—The Secretary shall ensure that

members of the advisory panel include representatives

of public and private sector entities having knowledge

or experience in one or more of the following areas:

(I) Patient care.

(II) Patient education.

(III) Quality assurance.

(IV) Outcomes research.

(V) Consumer issues.

(ii) REQUIREMENT.—The panel shall include representatives of each of the following categories:

(I) Health care practitioners.

(II) Health plans.

(III) Hospitals.

(IV) Employers.

(V) States.

(VI) Consumers.

(c) STUDIES.—

(1) IN GENERAL.—The Secretary shall conduct a study of—

(A) the factors affecting the continuum of care with

respect to maternal and child health care, including outcomes following childbirth;

(B) the factors determining the length of hospital stay

following childbirth;

(C) the diversity of negative or positive outcomes affecting mothers, infants, and families;

(D) the manner in which post natal care has changed

over time and the manner in which that care has adapted

or related to changes in the length of hospital stay, taking

into account—

Establishment.
110 STAT. 2944 PUBLIC LAW 104–204—SEPT. 26, 1996

(i) the types of post natal care available and the

extent to which such care is accessed; and

(ii) the challenges associated with providing post

natal care to all populations, including vulnerable

populations, and solutions for overcoming these challenges; and

(E) the financial incentives that may—

(i) impact the health of newborns and

mothers; and

(ii) influence the clinical decisionmaking of health

care providers.

(2) RESOURCES.—The Secretary shall provide to the

advisory panel the resources necessary to carry out the duties

of the advisory panel.

(d) REPORTS.—

(1) IN GENERAL.—The Secretary shall prepare and submit

to the Committee on Labor and Human Resources of the Senate

and the Committee on Commerce of the House of Representatives a report that contains—

(A) a summary of the study conducted under subsection (c);

(B) a summary of the best practices used in the public

and private sectors for the care of newborns and mothers;

(C) recommendations for improvements in prenatal

care, post natal care, delivery and follow-up care, and

whether the implementation of such improvements should

be accomplished by the private health care sector, Federal

or State governments, or any combination thereof; and

(D) limitations on the databases in existence on the

date of the enactment of this Act.

(2) DEADLINES.—The Secretary shall prepare and submit

to the Committees referred to in paragraph (1)—

(A) an initial report concerning the study conducted

under subsection (c) and elements described in paragraph

(1), not later than 18 months after the date of the enactment of this Act;

(B) an interim report concerning such study and elements not later than 3 years after the date of the enactment

of this Act; and

(C) a final report concerning such study and elements

not later than 5 years after the date of the enactment

of this Act.

(e) TERMINATION OF PANEL.—The advisory panel shall terminate on the date that occurs 60 days after the date on which

the last report is submitted under subsection (d).

TITLE VII—PARITY IN THE APPLICATION OF CERTAIN

LIMITS TO MENTAL HEALTH BENEFITS

SEC. 701. SHORT TITLE.—This title may be cited as the ‘‘Mental

Health Parity Act of 1996’’.

SEC. 702. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME

SECURITY ACT OF 1974.—(a) IN GENERAL.—Subpart B of part 7

of subtitle B of title I of the Employee Retirement Income Security

Act of 1974 (as added by section 603(a)) is amended by adding

at the end the following new section:

42 USC 201 note.

Mental Health

Parity Act of

1996.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2945

‘‘SEC. 712. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO

MENTAL HEALTH BENEFITS.

‘‘(a) IN GENERAL.—

‘‘(1) AGGREGATE LIFETIME LIMITS.—In the case of a group

health plan (or health insurance coverage offered in connection

with such a plan) that provides both medical and surgical

benefits and mental health benefits—

‘‘(A) NO LIFETIME LIMIT.—If the plan or coverage does

not include an aggregate lifetime limit on substantially

all medical and surgical benefits, the plan or coverage

may not impose any aggregate lifetime limit on mental

health benefits.

‘‘(B) LIFETIME LIMIT.—If the plan or coverage includes

an aggregate lifetime limit on substantially all medical

and surgical benefits (in this paragraph referred to as

the ‘applicable lifetime limit’), the plan or coverage shall

either—

‘‘(i) apply the applicable lifetime limit both to the

medical and surgical benefits to which it otherwise

would apply and to mental health benefits and not

distinguish in the application of such limit between

such medical and surgical benefits and mental health

benefits; or

‘‘(ii) not include any aggregate lifetime limit on

mental health benefits that is less than the applicable

lifetime limit.

‘‘(C) RULE IN CASE OF DIFFERENT LIMITS.—In the case

of a plan or coverage that is not described in subparagraph

(A) or (B) and that includes no or different aggregate lifetime limits on different categories of medical and surgical

benefits, the Secretary shall establish rules under which

subparagraph (B) is applied to such plan or coverage with

respect to mental health benefits by substituting for the

applicable lifetime limit an average aggregate lifetime limit

that is computed taking into account the weighted average

of the aggregate lifetime limits applicable to such categories.

‘‘(2) ANNUAL LIMITS.—In the case of a group health plan

(or health insurance coverage offered in connection with such

a plan) that provides both medical and surgical benefits and

mental health benefits—

‘‘(A) NO ANNUAL LIMIT.—If the plan or coverage does

not include an annual limit on substantially all medical

and surgical benefits, the plan or coverage may not impose

any annual limit on mental health benefits.

‘‘(B) ANNUAL LIMIT.—If the plan or coverage includes

an annual limit on substantially all medical and surgical

benefits (in this paragraph referred to as the ‘applicable

annual limit’), the plan or coverage shall either—

‘‘(i) apply the applicable annual limit both to medical and surgical benefits to which it otherwise would

apply and to mental health benefits and not distinguish

in the application of such limit between such medical

and surgical benefits and mental health benefits; or

‘‘(ii) not include any annual limit on mental health

benefits that is less than the applicable annual limit.

29 USC 1185a.
110 STAT. 2946 PUBLIC LAW 104–204—SEPT. 26, 1996

‘‘(C) RULE IN CASE OF DIFFERENT LIMITS.—In the case

of a plan or coverage that is not described in subparagraph

(A) or (B) and that includes no or different annual limits

on different categories of medical and surgical benefits,

the Secretary shall establish rules under which subparagraph (B) is applied to such plan or coverage with respect

to mental health benefits by substituting for the applicable

annual limit an average annual limit that is computed

taking into account the weighted average of the annual

limits applicable to such categories.

‘‘(b) CONSTRUCTION.—Nothing in this section shall be

construed—

‘‘(1) as requiring a group health plan (or health insurance

coverage offered in connection with such a plan) to provide

any mental health benefits; or

‘‘(2) in the case of a group health plan (or health insurance

coverage offered in connection with such a plan) that provides

mental health benefits, as affecting the terms and conditions

(including cost sharing, limits on numbers of visits or days

of coverage, and requirements relating to medical necessity)

relating to the amount, duration, or scope of mental health

benefits under the plan or coverage, except as specifically provided in subsection (a) (in regard to parity in the imposition

of aggregate lifetime limits and annual limits for mental health

benefits).

‘‘(c) EXEMPTIONS.—

‘‘(1) SMALL EMPLOYER EXEMPTION.—

‘‘(A) IN GENERAL.—This section shall not apply to any

group health plan (and group health insurance coverage

offered in connection with a group health plan) for any

plan year of a small employer.

‘‘(B) SMALL EMPLOYER.—For purposes of subparagraph

(A), the term ‘small employer’ means, in connection with

a group health plan with respect to a calendar year and

a plan year, an employer who employed an average of

at least 2 but not more than 50 employees on business

days during the preceding calendar year and who employs

at least 2 employees on the first day of the plan year.

‘‘(C) APPLICATION OF CERTAIN RULES IN DETERMINATION

OF EMPLOYER SIZE.—For purposes of this paragraph—

‘‘(i) APPLICATION OF AGGREGATION RULE FOR

EMPLOYERS.—Rules similar to the rules under subsections (b), (c), (m), and (o) of section 414 of the

Internal Revenue Code of 1986 shall apply for purposes

of treating persons as a single employer.

‘‘(ii) EMPLOYERS NOT IN EXISTENCE IN PRECEDING

YEAR.—In the case of an employer which was not in

existence throughout the preceding calendar year, the

determination of whether such employer is a small

employer shall be based on the average number of

employees that it is reasonably expected such employer

will employ on business days in the current calendar

year.

‘‘(iii) PREDECESSORS.—Any reference in this paragraph to an employer shall include a reference to any

predecessor of such employer.
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2947

‘‘(2) INCREASED COST EXEMPTION.—This section shall not

apply with respect to a group health plan (or health insurance

coverage offered in connection with a group health plan) if

the application of this section to such plan (or to such coverage)

results in an increase in the cost under the plan (or for such

coverage) of at least 1 percent.

‘‘(d) SEPARATE APPLICATION TO EACH OPTION OFFERED.—In the

case of a group health plan that offers a participant or beneficiary

two or more benefit package options under the plan, the requirements of this section shall be applied separately with respect to

each such option.

‘‘(e) DEFINITIONS.—For purposes of this section—

‘‘(1) AGGREGATE LIFETIME LIMIT.—The term ‘aggregate lifetime limit’ means, with respect to benefits under a group health

plan or health insurance coverage, a dollar limitation on the

total amount that may be paid with respect to such benefits

under the plan or health insurance coverage with respect to

an individual or other coverage unit.

‘‘(2) ANNUAL LIMIT.—The term ‘annual limit’ means, with

respect to benefits under a group health plan or health insurance coverage, a dollar limitation on the total amount of

benefits that may be paid with respect to such benefits in

a 12-month period under the plan or health insurance coverage

with respect to an individual or other coverage unit.

‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The term ‘medical

or surgical benefits’ means benefits with respect to

medical or surgical services, as defined under the terms of

the plan or coverage (as the case may be), but does not include

mental health benefits.

‘‘(4) MENTAL HEALTH BENEFITS.—The term ‘mental health

benefits’ means benefits with respect to mental health services,

as defined under the terms of the plan or coverage (as the

case may be), but does not include benefits with respect to

treatment of substance abuse or chemical dependency.

‘‘(f) SUNSET.—This section shall not apply to benefits for services

furnished on or after September 30, 2001.’’.

(b) CLERICAL AMENDMENT.—The table of contents in section

1 of such Act, as amended by section 603 of this Act, is amended

by inserting after the item relating to section 711 the following

new item:

‘‘Sec. 712. Parity in the application of certain limits to mental health benefits.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to group health plans for plan years beginning on or after January 1, 1998.

SEC. 703. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT

RELATING TO THE GROUP MARKET.—(a) IN GENERAL.—Subpart 2

of part A of title XXVII of the Public Health Service Act (as

added by section 604(a)) is amended by adding at the end the

following new section:

‘‘SEC. 2705. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO

MENTAL HEALTH BENEFITS.

‘‘(a) IN GENERAL.— ‘‘(1) AGGREGATE LIFETIME LIMITS.—In the case of a group

health plan (or health insurance coverage offered in connection

with such a plan) that provides both medical and surgical

benefits and mental health benefits—

42 USC 300gg–5.

Applicability.

29 USC 1183b

note.
110 STAT. 2948 PUBLIC LAW 104–204—SEPT. 26, 1996

‘‘(A) NO LIFETIME LIMIT.—If the plan or coverage does

not include an aggregate lifetime limit on substantially

all medical and surgical benefits, the plan or coverage

may not impose any aggregate lifetime limit on mental

health benefits.

‘‘(B) LIFETIME LIMIT.—If the plan or coverage includes

an aggregate lifetime limit on substantially all medical

and surgical benefits (in this paragraph referred to as

the ‘applicable lifetime limit’), the plan or coverage shall

either—

‘‘(i) apply the applicable lifetime limit both to the

medical and surgical benefits to which it otherwise

would apply and to mental health benefits and not

distinguish in the application of such limit between

such medical and surgical benefits and mental health

benefits; or

‘‘(ii) not include any aggregate lifetime limit on

mental health benefits that is less than the applicable

lifetime limit.

‘‘(C) RULE IN CASE OF DIFFERENT LIMITS.—In the case

of a plan or coverage that is not described in subparagraph

(A) or (B) and that includes no or different aggregate lifetime limits on different categories of medical and surgical

benefits, the Secretary shall establish rules under which

subparagraph (B) is applied to such plan or coverage with

respect to mental health benefits by substituting for the

applicable lifetime limit an average aggregate lifetime

limit that is computed taking into account the weighted

average of the aggregate lifetime limits applicable to such

categories.

‘‘(2) ANNUAL LIMITS.—In the case of a group health plan

(or health insurance coverage offered in connection with such

a plan) that provides both medical and surgical benefits and

mental health benefits—

‘‘(A) NO ANNUAL LIMIT.—If the plan or coverage does

not include an annual limit on substantially all medical

and surgical benefits, the plan or coverage may not impose

any annual limit on mental health benefits.

‘‘(B) ANNUAL LIMIT.—If the plan or coverage includes

an annual limit on substantially all medical and surgical

benefits (in this paragraph referred to as the ‘applicable

annual limit’), the plan or coverage shall either—

‘‘(i) apply the applicable annual limit both to medical and surgical benefits to which it otherwise would

apply and to mental health benefits and not distinguish

in the application of such limit between such medical

and surgical benefits and mental health benefits; or

‘‘(ii) not include any annual limit on mental health

benefits that is less than the applicable annual limit.

‘‘(C) RULE IN CASE OF DIFFERENT LIMITS.—In the case

of a plan or coverage that is not described in subparagraph

(A) or (B) and that includes no or different annual limits

on different categories of medical and surgical benefits,

the Secretary shall establish rules under which subparagraph (B) is applied to such plan or coverage with respect

to mental health benefits by substituting for the applicable

annual limit an average annual limit that is computed
PUBLIC LAW 104–204—SEPT. 26, 1996 110 STAT. 2949

taking into account the weighted average of the annual

limits applicable to such categories.

‘‘(b) CONSTRUCTION.—Nothing in this section shall be

construed—

‘‘(1) as requiring a group health plan (or health insurance

coverage offered in connection with such a plan) to provide

any mental health benefits; or

‘‘(2) in the case of a group health plan (or health insurance

coverage offered in connection with such a plan) that provides

mental health benefits, as affecting the terms and conditions

(including cost sharing, limits on numbers of visits or days

of coverage, and requirements relating to medical necessity)

relating to the amount, duration, or scope of mental health

benefits under the plan or coverage, except as specifically provided in subsection (a) (in regard to parity in the imposition

of aggregate lifetime limits and annual limits for mental health

benefits).

‘‘(c) EXEMPTIONS.—

‘‘(1) SMALL EMPLOYER EXEMPTION.—This section shall not

apply to any group health plan (and group health insurance

coverage offered in connection with a group health plan) for

any plan year of a small employer.

‘‘(2) INCREASED COST EXEMPTION.—This section shall not

apply with respect to a group health plan (or health insurance

coverage offered in connection with a group health plan) if

the application of this section to such plan (or to such coverage)

results in an increase in the cost under the plan (or for such

coverage) of at least 1 percent.

‘‘(d) SEPARATE APPLICATION TO EACH OPTION OFFERED.—In the

case of a group health plan that offers a participant or beneficiary

two or more benefit package options under the plan, the requirements of this section shall be applied separately with respect to

each such option.

‘‘(e) DEFINITIONS.—For purposes of this section—

‘‘(1) AGGREGATE LIFETIME LIMIT.—The term ‘aggregate lifetime limit’ means, with respect to benefits under a group health

plan or health insurance coverage, a dollar limitation on the

total amount that may be paid with respect to such benefits

under the plan or health insurance coverage with respect to

an individual or other coverage unit.

‘‘(2) ANNUAL LIMIT.—The term ‘annual limit’ means, with

respect to benefits under a group health plan or health

insurance coverage, a dollar limitation on the total amount

of benefits that may be paid with respect to such benefits

in a 12-month period under the plan or health insurance coverage with respect to an individual or other coverage unit.

‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The term ‘medical

or surgical benefits’ means benefits with respect to

medical or surgical services, as defined under the terms of

the plan or coverage (as the case may be), but does not include

mental health benefits.

‘‘(4) MENTAL HEALTH BENEFITS.—The term ‘mental health

benefits’ means benefits with respect to mental health services,

as defined under the terms of the plan or coverage (as the

case may be), but does not include benefits with respect to

treatment of substance abuse or chemical dependency.
110 STAT. 2950 PUBLIC LAW 104–204—SEPT. 26, 1996

LEGISLATIVE HISTORY—H.R. 3666:

HOUSE REPORTS: Nos. 104–628 (Comm. on Appropriations) and 104–812 (Comm.

of Conference).

SENATE REPORTS: No. 104–318 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 142 (1996):

June 25, 26, considered and passed House.

Sept. 3–5, considered and passed Senate, amended.

Sept. 24, House agreed to conference report.

Sept. 25, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Sept. 26, Presidential remarks and statement.

Æ

‘‘(f) SUNSET.—This section shall not apply to benefits for services

furnished on or after September 30, 2001.’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to group health plans for plan years beginning on or after January 1, 1998.

This Act may be cited as the ‘‘Departments of Veterans Affairs

and Housing and Urban Development, and Independent Agencies

Appropriations Act, 1997’’.

Approved September 26, 1996.

Applicability.

42 USC 300gg–5

note.